Sakitha Selvafranklin v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.321 of 2025 Sakitha Selvafranklin ... Petitioner -Vs1.The State of Tamil Nadu, The Deputy Inspector General of Prison(Range) Madurai-RO-TNPCS Madurai.

2.The State of Tamil Nadu, The Additional Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant parole for period of 20 days (26.06.2025 to 16.07.2025) to the petitioner's husband namely Selvafranklin, son of Ganasigamani convicted prisoner No.579311 to participate his daughter's marriage and perform his customary rights as father thereby consider the petitioner's representation dated 16.06.2025 within the stipulated time period that may be fixed by this Court.

For Petitioner : Mr.U.Antony Santhosh For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Prayer in this writ petition is to direct the second respondent to grant parole for a period of 20 days (26.06.2025 to 16.07.2025) to the petitioner's husband, namely Selvafranklin, son of Ganasigamani convicted prisoner No. 579311 to participate his daughter's marriage and perform his customary rights as father thereby consider the petitioner's representation dated 16.06.2025.

2. The writ petitioner is the wife of the convict and for attending the marriage of her daughter, she has sought for twenty days leave to the convict prisoner through her representation dated 16.06.2025. 3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that six days emergency leave with escort has been granted to the convict prisoner to attend his daughter's marriage which is scheduled to be held on 02.07.2025.

4.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 six days emergency leave to the petitioner's husband to attend his daughter's marriage which is scheduled to be held on 02.07.2025 with one escort.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) The respondents are directed to grant seven days ordinary leave to the petitioner's husband, namely, Selvafranklin, son of Ganasigamani, convicted prisoner No.579311, from 01.07.2025 to 06.07.2025. The convict prisoner shall be released from the prison on 30.06.2025 at 05.30 p.m.

(ii) He shall report back to the Additional Superintendent of Prison, Central Prison, Palayamkottai / second respondent, by 07.07.2025 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.

6.List the matter on 08.06.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 27.06.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 27.06.2025

To 1.The State of Tamil Nadu, The Deputy Inspector General of Prison(Range) Madurai-RO-TNPCS Madurai.

2.The State of Tamil Nadu, The Additional Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns W.P.Crl.(MD)No.321 of 2025 27.06.2025