Latha v. The Superintendent Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Latha ... Petitioner Vs.

1.The Superintendent of Prison, Madurai Central Prison, Madurai District.

2.The Inspector of Police, Seithur Police Station, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent No.1 to grant parole to the Petitioner's son namely G.Sundarapandi, S/o.Gurusamy now confined at Central Prison, Madurai for 7 days to perform the final rites rituals of his late father Gurusamy who died on 20.01.2025 by considering the petitioner's representation dated 22.01.2025 within the time stipulated by this Court. 1/5

For Petitioner : Mr.K.Dinesh For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner's son is undergoing life sentence in Central Prison, Madurai. The petitioner's husband had recently passed away. The final ceremonies are to be held on 26.01.2025. We direct the first respondent to grant three days (3) emergency leave for the convict with necessary escort.

3.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, G.Sundarapandi, S/o.Gurusamy, now detained at Central Prison, Madurai is granted emergency leave for three (3) days from 26.01.2025 to 28.01.2025 without escort.

(b) The convict prisoner shall be released from the prison at 07.00 a.m., on 26.01.2025 and he shall return to the prison at 06.00 p.m., on 28.01.2025. 2/5

(c) The Superintendent of Police, Virudhunagar District is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.

(G.R.S. J.,) & (R.P. J.,) 24.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 24.01.2025.

To:- 1.The Superintendent of Prison, Madurai Central Prison, Madurai District.

2.The Inspector of Police, Seithur Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

The Superintendent of Police, 4/5

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.01.2025 5/5