Kani.M v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2024

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Writ Petition(MD)No.7058 of 2024 M.Kani : Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o The Deputy Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Police, Central Jail, Madurai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondent Nos.1 and 2 to grant emergency leave (Parole) to the petitioner's son, namely Prasanth S/o.Manokaran CP.No.687, who is life convict prisoner in a 1/5

murder case and languishing in Central Prison, Madurai for a period of one day to attend the 16th day of funeral ceremony and pay his final rites to his father, namely, Manoharan by considering the petitioner's representation dated 16.03.2024.

For Petitioner : Mr.S.Nihar Ali For Respondents : Mr.S.Ravi Addl. Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the respondents to grant emergency leave (Parole) to the petitioner's son, namely, Prasanth S/o.Manokaran CP.No.687, who is life convict prisoner in a murder case and languishing in Central Prison, Madurai, for a period of one day to attend the 16th day of funeral ceremony and pay his final rites to his father, namely, Manoharan, by considering the petitioner's representation dated 16.03.2024. 2/5

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the records.

3. The petitioner is the mother of the life Convict. The father of the Convict expired two weeks ago. The prison authorities have granted only two days emergency leave to the life Convict to attend the funeral of his father. Now, the mother of the Convict has approached this Court seeking one day emergency leave to attend the 16th day of funeral ceremony.

4. On perusing the records and law, this Court is of the view that on humanitarian grounds one day leave can be granted to the life Convict to attend the 16th day of funeral ceremony.

Accordingly, the respondents/Prison Authorities may consider the request of the petitioner for granting one day emergency leave on 25.03.2024 between 06.00 a.m to 07.00 p.m with escort.

3/5

5.With the above directions, this Writ Petition is disposed of. (G.J.,J.) (C.K.,J.) 22.03.2024 skn NCC : Yes/No Index : Yes/No Internet : Yes/No Note: Issue order copy on 22.03.2024 1.The Deputy Inspector General of Prison, O/o The Deputy Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Police, Central Jail, Madurai.

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

4/5

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

skn Order made in Writ Petition(MD)No.7058 of 2024 22.03.2024 5/5