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Madras High CourtWP(MD)/13026/2018disposed of

N.Mareeswari, v. State Of Tamil Nadu

2018-06-22Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.13026 of 2018 N.Mareeswari : Petitioner Vs.

1. State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home (Prison V) Department, Secretariat, Fort St. George, Chennai-600 009.

2. The Additional Director General of Police/ Inspector General of Prison, No.I, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3. The Deputy Inspector General of Prison, Madurai Range, Central Prison Campus, Madurai-625 016.

4. The Superintendent of Prison, Madurai Central Prison, Madurai-625 016.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to grant parole to the petitioner's husband viz., Nallamarudhu @ Marudhu, S/o.Bose, Convict Prisoner No.3536, now confined at Central Prison, Madurai, for a period of 10 days. For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader.

ORDER

The petitioner's husband was released on parole by this Court on 07.06.2018 for a period of 15 days with a direction to report back to the Central Prison, Madurai, on or before 06.00 p.m., on 23.06.2018. Now, the petitioner has filed the present Writ Petition for extension of parole for a period of 10 days in order to complete the left over works which were considered for grant of parole. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Government Pleader appearing for the respondents would vehemently contend that as per Rule 34 of the Tamil Nadu Suspension of Sentence Rules, 1982, it is incumbent on the prisoner to make an application to the Government with a copy to the Superintendent of Prisons. Unless permission is granted, the prisoner is not entitled to extension of parole.

3. However, considering the submissions made by the learned counsel for the petitioner and being satisfied with the reasons stated in the affidavit, a further period of 7 days is granted to the petitioner's husband. The petitioner's husband shall be taken back to the Central Prison, Madurai, on or before 06.00 p.m., on 29.06.2018.

4. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, State of Tamil Nadu, Home (Prison V) Department, Secretariat, Fort St. George, Chennai-600 009.

2. The Additional Director General of Police/ Inspector General of Prison, No.I, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3. The Deputy Inspector General of Prison, Madurai Range, Central Prison Campus, Madurai-625 016.

4. The Superintendent of Prison, Madurai Central Prison, Madurai-625 016.

+1CC to Mr.C.Mayil Vahana Rajendran, Advocate, SR.No.69447 W.P(MD)No.13026 of 2018 22.06.2018 SML ES/SKN/RSK/SAR 2/22.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/