Madras High Court
S.Malathi vs The State Of Tamilnadu on 23 September, 2022
WP(MD)No.22052 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
W.P.(MD)No.22052 of 2022
S.Malathi ... Petitioner
Vs.
1.The State of Tamilnadu
Represented by the Principal Secretary to Government,
Home (Prison) Department,
TamilNadu Government Chief Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Additional Director General of Police /
Inspector General of Prisons,
C.M.D.A.Towers II,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Madurai.
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai. ...Respondents
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WP(MD)No.22052 of 2022
PRAYER: Petition - filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, calling for the records pertaining
to the proceedings passed by the 3rd respondent in No. 568/U.Tha2/2022
dated 23.08.2022 and quash the same as illegal and consequently to direct
the respondents to grant parole for 30 days to petitioner husband namely
V.Sudhakar S/o. Vairavakalai aged 40 years, who is confined at Central
Prison, Madurai as Life Convict Prisoner in C.P.No.5851 for the purpose of
medical emergency treatment of his ailing mother and for arranging money
for the family.
For Petitioner : Ms.P.Yasmin Begum
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
This writ petition has been filed by the wife of the detenu challenging
the proceedings of the third respondent dated 23.08.2022, wherein ordinary
leave sought for by the detenu to visit his ailing mother, was rejected by the
third respondent.
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WP(MD)No.22052 of 2022
2. When the matter was taken up for hearing on 19.09.2022, the
following order was passed by this Court:
“It is brought to the notice of this Court that there is a
pending case against the petitioner and it is at the stage of
trial.
The Learned Counsel for the petitioner shall produce
all the relevant materials and shall serve the copy of the
same to the learned Additional Public Prosecutor in
advance.
The learned Addl. Public Prosecutor shall also take
instructions.
Post this case on 23.09.2022.”
3. When the matter was taken up for hearing today, the learned
counsel appearing for the petitioner filed a memo and it is seen that there is
yet another case against the detenu pending in S.C.No.401 of 2016 before
the learned Principal Sub Judge, Madurai. In this case, the detenu was
remanded to judicial custody on 02.02.2010 and bail was granted on
09.02.2010. The case is now posted for evidence on 12.10.2022.
4. The learned counsel appearing for the petitioner submitted that
since the detenu has already been enlarged on bail in S.C.No.401 of 2016, it
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WP(MD)No.22052 of 2022
is well within the powers of the respondents to grant leave to the detenu to
enable him to be with his ailing mother.
5. The learned Additional Public Prosecutor submitted that Rule 35 of
the Tamil Nadu Suspension of Sentence Rules, 1982, is a complete bar for
the detenu and no leave can be granted, when there is a pending trial against
the detenu. The learned Additional Public Prosecutor also brought to the
notice of this Court a Judgment of the Hon'ble Division Bench of this Court
in S.Santhosam v. State by Secretary to Government reported in 2022 (3)
CTC 689 in this regard.
6. In the considered view of this Court, this Court cannot grant leave
to the detenu by disregarding the rules and the earlier Judgment passed by
the Division Bench mentioned supra. The only other avenue that is left to
the detenu is to make a representation to the Government and it will be left
open to the Government to consider exemption under Rule 40 of the Tamil
Nadu Suspension of Sentence Rules, 1982. Beyond this, no further orders
can be passed in this Petition.
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WP(MD)No.22052 of 2022
7. This Writ Petition is disposed of accordingly. No costs.
(J.N.B.,J.) (N.A.V.,J.)
23.09.2022
Index : Yes/No
Internet : Yes
sm
To:
1.The Principal Secretary to Government,
Home (Prison) Department,
TamilNadu Government Chief Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Additional Director General of Police /
Inspector General of Prisons,
C.M.D.A.Towers II,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Madurai.
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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WP(MD)No.22052 of 2022
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
Sm
Order made in
W.P.(MD)No.22052 of 2022
Dated
23.09.2022
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