M.Kalian v. The Superintendent Of Prisons
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.Crl(MD)No.293 of 2025 M.Kalian ... Petitioner -VsThe Superintendent of Prisons, Central Prison Palayamkottai, Tirunelveli District.
... Respondent Prayer :Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in No.616/U.Tha.2/2025 dated 09.06.2025 on the file of the respondent and quash the same further directing the respondent to enlarge the petitioner's son namely K.Venkatesan, S/o.Kalian, life convict (PID 474735) confined at respondent prison in parole for a period of five days to alienate the property.
For Petitioner : Mr.K.Prabhu, for M/s.K.Jeyamohan For Respondents : Mr.S.Ravi, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 09.06.2025, passed by the respondent, rejecting the petitioner's request for grant of parole of five days, is under challenge in this writ petition.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 3.The writ petitioner is the father of the convict prisoner and for registration of the property, he has sought for 21 days ordinary leave to the convict prisoner. 4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the convict prisoner has not completed the required period of three years for grant of leave and thereby the respondent police have rejected the request of the petitioner.
5.The learned counsel appearing for the petitioner submitted that the petitioner has sought leave to register the document and it would suffice to permit the petitioner for one day emergency leave.
6.Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave sought is for, we are inclined to direct the respondents to grant one day emergency leave to the petitioner's son with one escort.
7. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant one day emergency leave to the petitioner's son, namely, K.Venkatesan, S/o.Kalian, life convict (PID 474735) on 10.07.2025. The convict prisoner shall be released from the prison on 09.07.2025 at 05.30 p.m.
(ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai / respondent, by 11.07.2025 at 10.30 a.m., (iii) Necessary escort shall be provided to accompany the
convict prisoner.
(iv) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.
(v) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (vi) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vii) No costs. Consequently, the connected miscellaneous petition is also closed 7.List the matter on 12.07.2025 "for reporting compliance". [A.D.J.C., J.] & [G.A.M., J.] 03.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 04.07.2025
To 1.The Superintendent of Prisons, Central Prison Palayamkottai, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND G.ARUL MURUGAN , J.
Ns W.P.Crl(MD)No.293 of 2025 03.07.2025