Srinithi Iswarya v. State Rep. By The Superintendent Of Prisons

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Srinithi Iswarya ... Petitioner Vs.

1 State Rep. by the Superintendent of Prisons, Central Prison, Madurai.

2.State Rep. by the Inspector of Police, Cumbum North Police Station, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to grant parole for a period of 2 days to the petitioner's father namely, Manoharan, S/o.Baluchamy now confined in Central Prison, Madurai for the purpose of the betrothal function of the petitioner, based on the petitioner's representation dated 11.12.2024. For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

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ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner's father is undergoing twelve years rigorous imprisonment in Central Prison, Madurai. He was convicted in an NDPS case involving commercial quantity. He is therefore not entitled to leave. 3.Considering the special facts and circumstances projected in the affidavit filed in support of the writ petition, we direct the first respondent to grant three days (3) emergency leave for the convict with necessary escort. The escort police shall be in civil dress. 4.The writ petition is allowed of on the following conditions:- (a)The convict-prisoner, Manoharan, S/o.Baluchamy now detained in the Central Prison, Madurai is granted emergency leave for three (3) days from 14.12.2024 to 16.12.2024 with necessary escort. 2/4

(b) The convict prisoner shall be released from the prison at 07.00 a.m., on 14.12.2024 and he shall return to the prison at 06.00 p.m., on 16.12.2024. (c) The concerned authority is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.

(G.R.S. J.,) & (R.P. J.,) 13.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 13.12.2024.

To:- 1.The Superintendent of Prisons, Central Prison, Madurai.

2.The Inspector of Police, Cumbum North Police Station, Theni 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.

ias 13.12.2024 4/4