Madras High CourtWP(MD)/11096/2018disposed of

K.Arjunan v. The Superintendent Of Prison

2018-05-18Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Writ Petition (MD) No. 11096 of 2018 K. Arjunan ... Petitioner Vs.

1. The Superintendent of Prison, Special Prison for Women, Central Prison, Madurai - 625 016.

2. The Superintendant of Police, Madurai District, Madurai - 625 007.

3. The Inspector of Police, Koodakovil Police Station, Koodakovil, Madurai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 09.05.2018 and to grant ordinary leave for the period of 10 days from 19.05.2018 to the wife of the petitioner viz., Maruthayee, wife of K. Arjunan, confined in the Special Prison for Women, Central Prison, Madurai as convicted prisoner No. C.P.No. 125. For Petitioner : Mr. S. Mahendrapathy For Respondents : Mr.M. Murugan Government Advocate

O R D E R

The petitioner has come forward with the present writ petition for Mandamus, to direct the respondents to consider the petitioner's representation dated 09.05.2018 and to grant ordinary leave for the period of 10 days from 19.05.2018 to the wife of the petitioner viz., Maruthayee, wife of K.Arjunan confined in the Special Prison for Women, Central Prison, Madurai as convict prisoner No.C.P.No. 125.

2. In the affidavit, it has been averred that the petitioner's wife Maruthayee was convicted by the Mahalir Neethimandram, Madurai in Sessions Case No.353 of 2009 dated 19.09.2011 on the basis of the case registered by the third https://hcservices.ecourts.gov.in/hcservices/

respondent herein and the same was confirmed by this Court in Crl.A. (MD) No.302 of 2011 dated 22.02.2012, now she has been confined at Special Prison for Women, Central Prison, Madurai. The marriage of the petitioner's son is going to be held on 20.05.2018, Therefore, the present writ petition has been filed for the relief stated supra.

3. In view of the above facts and circumstances of the case, the petitioner's wife viz. Maruthayee is permitted to be released on parole and the first respondent is directed to release the accused by 6.00 p.m., on 18.05.2018 till 23.05.2018 with police escort on emergency leave. The accused is directed to be sent back on 23.05.2018 at 6.00 p.m. The petitioner shall bear the expenses for providing escort by the respondents.

4. With the above direction, the writ petition is disposed of. No costs.

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

1. The Superintendent of Prison, Special Prison for Women, Central Prison, Madurai - 625 016.

2. The Superintendant of Police, Madurai District, Madurai - 625 007.

3. The Inspector of Police, Koodakovil Police Station, Koodakovil, Madurai District.

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

+1CC to Mr. S. Mahendrapathy Advocate in SR.No.65874. KSA/STS DS/SV/MMS/SAR-1 :18.05.2018: 2P/6C Writ Petition (MD) No. 11096 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 18.05.2018