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Madras High CourtCRL OP(MD)/15313/2015disposed of

K.Larance, v. The State Of Tamil Nadu,

2015-08-07Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD)No.15313 of 2015 K.Larance ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. By its Secretary to Government, Home Department, Fort St. George, Chennai - 9.

2. The Superintendent of Central Prison - I, (Convict), Puzhal, Chennai - 600 066.

3. The Additional Director General of Police, (Prisons), Egmore, Chennai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent to grant one month parole/leave to the petitioner's husband D.Kabeeriyal, Son of Deva Sahayam, Convict No.4903, Central Prison - I, Puzhal, Chennai - 66. For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Anbarasan Government Advocate(Crl. Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the second respondent to grant one month parole/leave to the petitioner's husband D.Kabeeriyal, Son of Deva Sahayam, Convict No.4903, Central Prison - I, Puzhal, Chennai - 66.

2. The learned counsel for the petitioner would submit that the petitioner's husband, namely D.Kabeeriyal, Son of Deva Sahayam, Convict No.4903, Central Prison - I, Puzhal, Chennai is a life convict and the petitioner's husband has given a representation to the third respondent on 06.04.2015, but no order has been passed and he was convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and so far he has undergone 17 years. Hence, the petitioner seeks leave for her husband to attend his sister's ailment.

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3. Heard the learned Government Advocate (Criminal Side).

4. As per Rule 19 of the Tamil Nadu Suspension of Sentence Rules, 1982, in which, the Government is the competent authority to give an ordinary leave.

5. Considering the same, the first respondent is directed to pass an order on the application dated 06.04.2015 within a period of 15 days from the date of receipt of a copy of this order.

6. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Rep. By the State of Tamil Nadu, Home Department, Fort St. George, Chennai - 9.

2. The Superintendent of Central Prison - I, (Convict), Puzhal, Chennai - 600 066.

3. The Additional Director General of Police, (Prisons), Egmore, Chennai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.A.Rahul, Advocate SR.No.44844 Crl.O.P(MD)No.15313 of 2015 07.08.2015 ps NS/20.08.2015 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/