Madras High Court
A.K.Jayaraman vs The Superintendent on 18 August, 2023
W.P.(MD).No.20398 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.08.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH
AND
THE HON'BLE MR JUSTICE M.NIRMAL KUMAR
W.P.(MD).No.20398 of 2023
and W.MP.(MD)Nos.16838 and 16839 of 2023
A.K.Jayaraman .. Petitioner
Vs.
The Superintendent,
Trichy Central Prison,
Trichy. .. Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Certiorarified Mandamus, to call for the records relating to
the impugned proceedings in No.23386/Tha.Ku 4/2023, dated 18.08.2023
and consequently direct the respondent to release the petitioner's son
Subbramanian @ S.K.Subbu confined in respondent jail in respect of Crime
No.7 of 2006, on the file of the respondent police station, on parole for 3
days to attend the funeral and other ceremonies of petitioner's son J.Suresh
Babu Advocate.
Page 1 of 6
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W.P.(MD).No.20398 of 2023
For Petitioner : Mr.M.Jerin Mathew
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The request of the petitioner herein seeking for grant of emergency
leave for the convict Subbramanian @ S.K.Subbu on the ground that he
requires to attend the funeral of his son, has been rejected through the
impugned order dated 18.08.2023, predominantly, on the ground that there
are two pending cases against him in C.C.No.28 of 2013, before the Judicial
Magistrate No.6, Trichy and that the person, who expired is not his blood
relative. The prisoner Subbramanian @ S.K.Subbu has been convicted
under judgment passed in Crl.R.C.(MD)Nos.283 and 311 of 2018 etc., for
the offence under Section 420 IPC for a period of two years.
2. It is the case of the petitioner that the prisoner is his brother. Since
the petitioner's son had expired on 17.08.2023, his brother who is confined
in Central Prison, Trichy is required to do certain rituals for the funeral and
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W.P.(MD).No.20398 of 2023
therefore, seeks for grant of emergency leave. The first reasons cited by the
respondents in the impugned order quoting two pending cases as a bar
cannot be an impediment under Rule 6 of 'Tamil Nadu Suspension of
Sentence Rules, 1982' (hereinafter referred to as 'Rules'), since there is no
such bar therein. Insofar as the second reason assigned that the petitioner's
son, who had expired, is not the blood relative concerned. It is no doubt
true that Rule 6 does not provide for grant of emergency leave to a prisoner,
who is not a blood relative of the deceased person. However, we had in
earlier decisions, held that the provision under Rule 6 is not mandatory in
view of Rule 40 of the Rules which grants powers to the Government for
exemption of certain or all the provisions of the Rules. In this regard, we
are of the view that the petitioner's request can be considered by invoking
power under Article 226 of the Constitution of India.
3. Accordingly, the impugned order dated 18.08.2023, on the file of
the respondent is quashed. Consequently, there shall be a direction to the
Superintendent of Prison, Central Prison, Trichy to forthwith pass orders
granting emergency leave with the reasonable conditions as stipulated under
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W.P.(MD).No.20398 of 2023
Rule 25 of the Rules and ensure that the convict Subbramanian @ Subbu is
released forthwith for one day, in order to enable him to attend the funerals.
The prisoner shall report before the Superintendent of Prison, Trichy before
6.00 p.m., on 19.08.2023.
4. Accordingly, the Writ Petition stands allowed. There shall be no
order as to costs. Consequenlty, connected miscellaneous petitions are
closed.
(M.S.R.,J.) (M.N.K.,J.)
18.08.2023
NCC : Yes / No
Index : Yes / No
Lm
Note: Issue order copy today (18.08.2023)
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W.P.(MD).No.20398 of 2023
To
1.The Superintendent,
Trichy Central Prison,
Trichy.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20398 of 2023
M.S.RAMESH,J.
and
M.NIRMAL KUMAR,J.
vsm
W.P.(MD).No.20398 of 2023
18.08.2023
https://www.mhc.tn.gov.in/judis
