Madras High Court
G.Durgadevi vs The Superintendent Of Prison on 22 December, 2022
W.P(MD)No.28860 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.12.2022
CORAM
THE HON'BLE DR JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE SUNDER MOHAN
W.P.(MD)No.28860 of 2022
G.Durgadevi .. Petitioner
Vs.
1.The Superintendent of Prison,
Trichy Central Prison,
Tiruchirappalli District.
2.The Inspector of Police,
Annavasal Police Station,
Pudukkottai District. .. Respondents
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 release the petitioner's husband Gunasekaran, confined at Central Prison,
Trichy under C.T.No.22991, on parole by invoking Rule 6 of Tamil Nadu
Suspension of Sentence Rules, 1982 considering the petitioner's
representation dated 13.12.2022.
Page 1 of 4
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W.P(MD)No.28860 of 2022
For Appellant :Mr.A.Balaji
For Respondents :Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
DR. G.JAYACHANDRAN,J.
and
SUNDER MOHAN,J.
This writ petition is filed by the wife of the life convict, who was
sentenced to undergo life imprisonment, vide judgment of the trial Court in
S.C.No.165 of 2017 and the same was confirmed by this Court in
Crl.A(MD)No.232 of 2009, vide judgment dated 02.08.2022.
2.The convict has surrendered, after confirming the conviction by this
Court and being sent to Central Prison, Trichy, on 21.11.2022. Citing that
his wife is in advanced stage of pregnancy and expected date of delivery is
29.12.2022, request for 30 days parole was sought vide representation dated
13.12.2022, soon after the present writ petition is filed on 20.12.2022
seeking mandamus to release the convict on parole by invoking Rule 6 of
Tamil Nadu Suspension of Sentence Rules, 1982.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.28860 of 2022
3.The learned Additional Public Prosecutor appearing for the
respondents submitted that the request of the petitioner, dated 13.12.2022
being considered, in the light of the provisions of law and rejected on the
ground that Rule 22 of Tamil Nadu Suspension of Sentence Rules, 1982,
mandates the embargo of three years of sentence before considering the
ordinary leave and further, the subject matter had already been seized by the
Hon'ble Supreme Court, in view of the appeal preferred by the convict and
therefore, the Prison Rule does not permit to grant parole by invoking Rule
6 of Tamil Nadu Suspension of Sentence Rules, 1982.
4.On considering the reason given by the Prison Superintendent, this
Court finds that the writ petition seeking mandamus is not sustainable.
Hence, this Petition is dismissed. No costs.
(G.J.,J.) (S.M.,J.)
22.12.2022
Index:Yes/No
Internet:Yes/No
Ns
https://www.mhc.tn.gov.in/judis
W.P(MD)No.28860 of 2022
DR.G.JAYACHANDRAN,J.
and
SUNDER MOHAN,J.
Ns
To
1.The Superintendent of Prison,
Trichy Central Prison,
Tiruchirappalli District.
2.The Inspector of Police,
Annavasal Police Station,
Pudukkottai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
W.P.(MD)No.28860 of 2022
22.12.2022
https://www.mhc.tn.gov.in/judis
