Seetharaman v. State Represented By The Superintendent Of Prisons

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Seetharaman ... Petitioner Vs 1.State rep. by The Superintendent of Prisons, Central Prison, Madurai.

2.State rep. by The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to grant parole for a period of three days to the petitioner's son namely Muthu Krishnan, who is a life convict, now confined in Central Prison, Madurai for the purpose of death of the petitioner's wife based on the petitioner's representation dated 06.11.2024. 1/4

For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner's son is a life convict (No.4399) undergoing sentence in Central Prison, Madurai. The petitioner's wife / mother of the convict had passed away on 31.10.2024. The convict was given one day emergency leave to attend the funeral. This writ petition has been filed seeking emergency leave to enable the convict to perform obsequies to be held on 15.11.2024.

2. Though the learned Additional Public Prosecutor would point out that the convict had exhausted his quota, considering the special facts and circumstances, we direct the first respondent to release the petitioner's son tomorrow by 05.00 pm. There is no need to provide escort. The petitioner's son shall return to prison on 16.11.2024 at 11.00 am. The convict shall abide by the usual terms and conditions set out in the jail manual.

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3. The Writ Petition is allowed accordingly. No costs. (G.R.S., J.) (R.P., J.) 13.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 13.11.2024 To 1.The Superintendent of Prisons, Central Prison, Madurai.

2.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

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