Sampathamma v. The Secretary, Home Department, Government Of Tamil Nadu
2010-12-10
M.JAICHANDREN
body2010
DigiLaw.ai
Judgment :- This Writ petition has been filed by the mother of Marimuthu (convict No.118), who is confined in the Central Prison, Puzhal,Jail No.1, Chennai, undergoing life sentence in a criminal case. 2. It had been stated that one Aasai @ Munusamy, the brother of Marimuthu (convict No.118) had passed away, on 26.11.2010. The ceremonies in connection with the death of Aasai @ Munusamy is to be held on 12.12.2010, from 09.00 A.M. onwards. It has also been stated that Marimuthu (convict No.118) has to perform the ceremonies to be held, on 12.12.2010. In such circumstances, the present Writ Petition has been filed, praying for a writ of Mandamus, to direct the respondents to grant parole/short leave to the petitioners son Marimuthu, son of late Arumugam, who is confined, as convict No.118, in the Central Prison, Puzhal, Jail No.1, Chennai, from 08.12.2010 to 14.12.2010, to enable him to perform the ceremonies relating to the death of his brother, Aasai @ Munusamy, who had passed away, on 26.11.2010. 3. The learned counsel for the respondents had pointed out that Marimuthu (Convict No.118) had been granted parole/short leave four times during the year, 2010. If parole/short leave is to be granted beyond four times in a year, it has to be granted only by the State Government. Without an application, being made to the State Government, as provided under Rule 13 of the Tamil Nadu Suspension of Sentence Rules, 1982, parole cannot be granted to the prisoner. He had also pointed out that, if police escort is provided to Marimuthu (convict No.118), during his parole/short leave, the expenses should be borne by him, as per Rule 14(2) of the Tamil Nadu Suspension of Sentence Rules, 1982. 4. In view of the averments made in the affidavit filed in support of this petition and in view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, this Court finds it appropriate to direct the respondents to permit Marimuthu (convict No.118), Central Prison, Puzhal, Jail No.1, Chennai, to go on parole/short leave to attend the ceremonies to be held, on 12.12.2010, relating to the death of his brother, at No.8, Block No.222, P.K.Colony, Pulianthope, Chennai-12 and at Choolai, Thattankulam, Kuzhakarai, Chennai. 5.
5. The respondents shall permit Marimuthu (Convict No.118) to leave Central Prison, Puzhal, (Jail No.1), at 09.00 A.M, on 11.12.2010, along with two armed escorts, to attend the ceremonies to be held, on 12.12.2010. He shall be returned to the Central Prison, Puzhal, Jail No.1, Chennai, before 06.00 P.M., on 12.12.2010. The entire cost incurred for providing the police escort, calculated in terms of the Tamil Nadu Travelling Allowances Rules, shall be borne by the prisoner, as per Rule 14(2) of the Tamil Nadu Suspension of Sentence Rules, 1982.