Madras High CourtWP(MD)/7000/2017allowed

M.Murugeswari, W/O. S.Murugan v. The Superintendent Of Police

2017-04-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.7000 of 2017 M.Murugeswari ... Petitioner -vs1. The Superintendent of Prison, Central Prison,Madurai.

2. The Commissioner of Police, Madurai City,Madurai.

3. The Inspector of Police, Thideer Nagar Police Station, Madurai City.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the first respondent to grant Parole for a period of one week to the petitioner's brothers (1) Thoosimuthu @ Saravanan, S/o.Kaverimaniyam and (2) Balaji, S/o.Kaverimaniyam for attending their mother's funeral ceremony based on the representation, dated 17.04.2017.

For Petitioner :

Mr.D.Ramesh Kumar For Respondents :

Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

It is seen that the petitioner's brothers (1)Thoosimuthu @ Saravanan and (2) Balaji are life convicts undergoing life sentence in the Central Prison, Madurai and that their mother Mariyammal had died on 16.04.2017, for which, they are seeking leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982. Under the said Rules, emergency leave can be granted by the Superintendent of Central Prison itself. However, the learned Additional Government Pleader submitted that the convicts are facing trial in another case for an offence under Section 302 of IPC.

2. Heard Mr.D.Ramesh Kumar, learned Counsel appearing for the petitioner and Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.Be that as it may, without going into the legality, this Court directs the Superintendent of Prison, Central Prison, Madurai to send the life convicts under the police escort to attend their mother's funeral tomorrow (18.04.2017) at 8.00 a.m., and they brought back at 6.00 p.m.

4.The Writ Petition is disposed of with the above direction. Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To:

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

2. The Commissioner of Police, Madurai City,Madurai.

3. The Inspector of Police, Thideer Nagar Police Station, Madurai City.

+1cc to M/S.D.RAMESH KUMAR, Advocate SR.No.52172 W.P.(MD) No.7000 of 2017 17.04.2017 JM/SKN RSK/SAR 3/17.04.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/