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2014 DIGILAW 1796 (MAD)

Petitioner v. Respondent

2014-06-30

G.CHOCKALINGAM, V.DHANAPALAN

body2014
JUDGMENT V. Dhanapalan, J. 1. The wife of the detenu seeks interim parole to the detenu, namely, Saravanan, S/o.Palani, who has been confined at the Central Prison, Puzhal, Chennai under the Tamil Nadu Act 14 of 1982 on 14.03.2014. His detention was challenged by the same petitioner / wife in H.C.P.No.939 of 2014. Pending the said petition, this Miscellaneous Petition is filed by her seeking for the above relief. 2. According to the detenu's wife, her father-in-law / father of detenu has died due to cancer in the early morning of 29.06.2014. The detenu, being the youngest son of the deceased father has to perform his last rites and customs as per the religious and caste customs, for which, his presence is indeed required. 3. Per contra, P. Govindarajan, learned Additional Public Prosecutor has submitted that the request made by the petitioner to the 3rd respondent has been sent by speed post and the same has not been received by the 3rd respondent till now. However, he has, on instructions, further submitted that on verification with the concerned jurisdictional Police, it came to light that the father of detenu has expired on 29.06.2014 and the funeral ceremony is going to be held today (30.06.2014) at 6:00 p.m. He has also submitted that the detenu may be allowed to go on emergency leave for two days with usual conditions, by providing utmost security arrangements. 4. We have heard the learned counsel appearing on either side and perused the materials available on record. 5. It is not in dispute that the detenu has been detained under the Act 14 of 1982 and undergoing incarceration at the Central Prison, Puzhal, Chennai since 14.03.2014. It is also not disputed that the father of detenu has expired on 29.06.2014. An application for grant of parole has already been sent by way of speed post to the Superintendent, Central Prison, Puzhal, Chennai / 3rd respondent on the very same date of the death of detenu's father, but the same has not reached the hands of the 3rd respondent so far. Therefore, the petitioner is before this Court, seeking parole to the detenu. 6. Considering the aforesaid circumstances, we are of the considered opinion that the detenu can be granted emergency leave for two days to enable him to participate in the funeral of his father Palani at 6:00 p.m. on 30.06.2014. 7. Therefore, the petitioner is before this Court, seeking parole to the detenu. 6. Considering the aforesaid circumstances, we are of the considered opinion that the detenu can be granted emergency leave for two days to enable him to participate in the funeral of his father Palani at 6:00 p.m. on 30.06.2014. 7. Accordingly, the 3 rd respondent / The Superintendent of Central Prison, Puzhal-II, Chennai is directed to release the detenu Saravanan, S/o.Palani, on emergency leave for two days from Central Prison, Puzhal-II, Chennai at 04:00 p.m. on 30.06.2014 (today) after following the usual procedure and other safeguarding measures in accordance with the Prison manual and he shall be taken back to the Central Prison, Puzhal, Chennai before 4.00 p.m. on 02.07.2014. The Superintendent of Central Prison, Puzhal, Chennai / 3rd respondent, shall provide utmost escort to the detenu from the Central Prison, Chennai, from the time he leaves the Central Prison, Chennai and till such time he is taken back to the Central Prison, Chennai, on the said date and time as ordered by this Court. It is made clear that the costs shall be borne by the petitioner. 8. Accordingly, this Miscellaneous Petition allowed.