Madras High Court
Kani vs The Principal Secretary To ... on 14 July, 2021
W.P(MD)NO.10229 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:14.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)NO.10229 of 2021
Kani :Petitioner
.vs.
1.The Principal Secretary to Government of Tamil Nadu,
Home(Prison-IV)Department,
Fort St.George,
Chennai – 600 009.
2.The Additional Director General of Police/
Inspector General of Prisons,
No.1, Gandhi Irwin Salai,
Egmore, Chennai – 600 008.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Central Prison Campus,
Madurai.
4.The Superintendent of Prisons,
Central Prison,
Madurai. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Certiorarified
Mandamus calling for the records pertaining to the impugned
order passed by the fourth respondent vide his proceedings No.
7607/Tha.Ku.2/2021, dated 25.5.2021 and to quash the same as
illegal and consequently to direct the respondents 3 and 4 to grant
1/6
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W.P(MD)NO.10229 OF 2021
leave(Parole) to the Petitioner's son namely, Prasath, Convicted
Prisoner No.687, now confined at Central Prison, Madurai under
Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982
within the time stipulated by this Court.
For Petitioner :Mr.J.Lawrance
For Respondents :Mr.S.Ravi
Standing Counsel for the State
ORDER
*************
[Order of the Court was made by K.KALYANASUNDARAM.,J.]
This Writ Petition has been filed to quash the order of the
fourth respondent, dated 25.5.2021 and consequently to direct the
respondents 3 and 4 to grant parole to the Petitioner's son
Prasath, Convicted Prisoner No.687, now confined at Central
Prison, Madurai under Rule 6 of the Tamil Nadu Suspension of
Sentence Rules, 1982.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.Mr.J.Lawrance, learned counsel appearing for the Petitioner
would submit that the Petitioner's son was falsely implicated in a
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W.P(MD)NO.10229 OF 2021
Sessions Case in S.C.No.98 of 2016, on the file of the Additional
District and Sessions Judge, Theni and he was acquitted by the
trial Court on 22.8.2017.However, the order of acquittal was
reversed by this Court in Crl.A(MD)Nos.48 and 367 of 2018 vide
judgment, dated 12.2.2020 and thereafter, the convict surrendered
and he was sent to jail.
4.It is the submission of the learned counsel for the Petitioner
that the convict's father is suffering from serious illness and the
convict is also mentally depressed after the order of conviction and
hence, a representation was given by the Petitioner and it was
rejected by the fourth respondent, citing Rule 22(1) of the Tamil
Nadu Suspension of Sentence Rules, 1982. It is the submission of
the learned counsel for the petitioner that for considering the
emergency leave under rule 6, the convict need not undergo the
sentence of three years. He further added that since there was no
clarity in the representation for considering his case under
emergency leave, the Petitioner is ready to give a fresh
representation and a direction may be issued to the Fourth
Respondent to consider the case of the Petitioner.
5.The learned Standing Counsel for the State appearing for
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W.P(MD)NO.10229 OF 2021
the respondents justified the order of the fourth respondent and
stated that if any fresh representation is made, it would be
considered in accordance with law.
6.Though the Petitioner has prayed for a larger relief, in view
of the submission made by the learned counsel for the Petitioner,
this Writ Petition is disposed of, directing the Petitioner to give a
fresh representation by enclosing a copy of this Order. On such
receipt, the fourth respondent shall consider the same and pass
orders purely on merits and in accordance with law within a period
of four weeks therefrom.
7.With the above directions, the Writ Petition stands disposed
of. No costs.
[M.K.K.S.,J.] & [B.P.,J.]
14.07.2021
Index:Yes/No
Internet:Yes/No
vsn
To
1.The Principal Secretary to Government of Tamil Nadu,
Home(Prison-IV)Department,
Fort St.George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10229 OF 2021
2.The Additional Director General of Police/
Inspector General of Prisons,
No.1, Gandhi Irwin Salai,
Egmore, Chennai – 600 008.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Central Prison Campus,
Madurai.
4.The Superintendent of Prisons,
Central Prison,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10229 OF 2021
K.KALYANASUNDARAM, J.
AND
B.PUGALENDHI, J.
vsn
0RDER MADE IN
W.P(MD)NO.10229 of 2021
14.07.2021
https://www.mhc.tn.gov.in/judis/
