Madras High Court
Vijaya vs The Superintendent Of Prison on 15 June, 2021
W.P(MD)No.10095 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:15.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.10095 of 2021
Vijaya ... Petitioner
vs.
The Superintendent of Prison,
Central Prison,
Madurai. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondent to release the petitioner's husband viz., Ganesan @ Auto
Ganesan, S/o. Veerana Thevar (Life Convict Number: CT No.5673) now
confined in Central Prison, Madurai on parole for a period of six days,
without escort, by considering the petitioner's representation, dated
09.06.2021.
For Petitioner : Mr.A.Mohamed Hashim
For Respondent : Mr.S.Ravi
Standing counsel
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10095 of 2021
ORDER
[Order of the Court was made by K.KALYANASUNDARAM.,J.]
By consent of both parties, this writ petition is taken up for final
disposal.
2. This writ petition has been filed for issuance of Writ of
Mandamus, directing the respondent to release the petitioner's husband
viz., Ganesan @ Auto Ganesan, S/o. Veerana Thevar (Life Convict
Number: CT No.5673), now confined in Central Prison, Madurai, on
parole for a period of six days, without escort, by considering her
representation, dated 09.06.2021.
3. The petitioner would claim that she is the wife of Ganesan @
Auto Ganesan (Life Convict Number: CT No.5673) and her husband was
implicated as 4th accused in Sessions Case No.399 of 2014 and he was
convicted for various offences including 364(A) and 395 of I.P.C., by the
learned IV Additional District and Sessions Judge, Madurai and
sentenced to suffer life imprisonment. In appeal, this Court confirmed the
conviction and sentence in Crl.A.No.391 of 2017, vide judgment dated
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W.P(MD)No.10095 of 2021
11.11.2019. The same was confirmed by the Hon'ble Apex Court in
S.L.P.(Crl.)No.4895 of 2020.
4. The grievance of the petitioner is that her mother Pavunthaai
died on 05.06.2021, at the age of 62 years and her request to the
respondent to release her husband was not considered. It is further stated
that the 16th day funeral ceremony of her mother is scheduled on
21.06.2021 and he being the blood brother of her mother has to attend
the 16th day ceremony.
5. Mr.A.Mohamed Hashim, learned counsel appearing for the
petitioner would state that though the petitioner sought for a leave of six
days, he can be granted parole for attending the 16th day ceremony on
21.06.2021.
6. Mr.S.Ravi, learned Standing counsel appearing for the State
would submit that the request of the petitioner was rejected by the
respondent and the same was communicated to the petitioner. The Tamil
Nadu Suspension of Sentence Rules, 1982, does not permit the convict to
attend his sister's 16th day ceremony.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10095 of 2021
7. In the instant case, it is not in dispute that the life convict viz.,
Ganesan @ Auto Ganesan is the blood brother of the deceased
Pavunthaai, who is the mother of the petitioner. The Village
Administrative Officer No.II, Avanyapurm Village has also given a
certificate stating that the petitioner's mother died on 05.06.2021.
Though the Tamil Nadu Suspension of Sentence Rules, 1982, does not
entitle the life convict to attend the 16th day ceremony of his sister,
however, considering the facts and circumstances of the case, this Court
is inclined to grant one day emergency leave. It is appropriate to note that
in similar facts, this Court permitted the life convicts to attend some
important rituals.
8. In that view, the respondent is hereby directed to permit the life
convict viz., Ganesan @ Auto Ganesan, who is now confined at Central
Prison, Madurai, to attend the 16th day funeral ceremony of his sister on
21.06.2021, with escort. The life convict shall be released from the
Central Prison, Madurai at 6.00 a.m., on 21.06.2021 and he shall
surrender before the respondent at 6.00 p.m., on the same day. The
petitioner shall bear the expenses for providing escort to the convict.
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W.P(MD)No.10095 of 2021
9. Accordingly, this Writ Petition is disposed of. No costs.
[M.K.K.S.,J.] & [B.P.,J.]
15.06.2021
Index :Yes/No
Internet:Yes/No
akv
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
advocate / litigant concerned.
To
The Superintendent of Prison,
Central Prison,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10095 of 2021
K.KALYANASUNDARAM, J.
AND
B.PUGALENDHI,J.
akv
0RDER MADE IN
W.P(MD)No.10095 of 2021
15.06.2021
https://www.mhc.tn.gov.in/judis/
