Madras High Court
P.Thiru Karthikeyan vs The State on 8 November, 2021
W.P.(MD)No.18838 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD)No.18838 of 2021
and W.M.P.(MD)No.15655 of 2021
P.Thiru Karthikeyan ... Petitioner
-vs-
1.The State,
Rep. by its Home Secretary,
Home Prison Department,
Secretariat,
St. George Fort,
Chennai - 9.
2.The Additional Director General of Prison,
O/o. Additional Director General of Prison,
No.1, Gandhi Irwin Road,
Egmore,
Chennai - 8.
3.The Superintendent of Prisons,
Central Prison,
Madurai,
Madurai District. ... Respondents
1/4
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18838 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining
to the impugned order in No.14091/Tha Ku 2/2021, dated 21.09.2021, passed by
the third respondent, quash the same as illegal and consequently, direct the
respondents to grant leave for 30 days (Parole) to the petitioner's father namely,
Pandi, S/o.Marimuthu, confined at Central Prison, Madurai, as life convict in
C.P.No.5990, without expenses of Escorts.
For Petitioner : Mr.S.Vikram
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
S.VAIDYANATHAN, J.
and
G.JAYACHANDRAN, J.
This Writ Petition is filed by the son of the life convict seeking to grant
leave for a period of 30 days (Parole), since his request to the third respondent
was rejected vide impugned order dated 21.09.2021.
2.From the pleadings and records this Court finds that the appeal against
the order of acquittal was allowed by this Court, vide judgment dated 28.02.2020
and therefore, the father of the petitioner viz., Pandi, S/o.Marimuthu was confined
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18838 of 2021
at Central Prison, Madurai, as a life convict in C.P.No.5990. A request made to
the prison authorities to grant Parole on the ground of medical ailment was
rejected by them on the ground that Rule 22(1) of the Tamil Nadu Suspension of
Sentence Rules, 1982 does not provide for ordinary leave to a convict before
completion of three years of imprisonment, whereas, the life convict in this case
is in prison only for the past 20 months. Therefore, this Court finds no illegality
in rejecting the representation seeking to grant leave for 30 days (Parole). Hence,
this Writ Petition is dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed. However, the dismissal of this Writ Petition
will not preclude the convict from seeking emergency leave on medical ailment.
If such request is made, the same has to be considered by the authorities
concerned on merits and appropriate orders shall be passed in accordance with
law.
[S.V.N., J.] [G.J., J.]
Index : Yes / No 08.11.2021
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.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18838 of 2021
S.VAIDYANATHAN, J.
and
G.JAYACHANDRAN, J.
smn2
To
1.The Home Secretary,
Home Prison Department,
Secretariat,
St. George Fort,
Chennai - 9.
2.The Additional Director General of Prison,
O/o. Additional Director General of Prison,
No.1, Gandhi Irwin Road,
Egmore,
Chennai - 8.
3.The Superintendent of Prisons,
Central Prison,
Madurai,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
W.P.(MD)No.18838 of 2021
08.11.2021
https://www.mhc.tn.gov.in/judis
