1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.01.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.488 of 2011 T.Thanalakshmi ... Petitioner Vs. The Superintendent, Central Prison, Trichy. ... Respondent Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to release the Husband of the petitioner namely Thangaraj on parole for a period of 3 days in order to attend the marraige of his sister's daughter on 19.01.2011. For Petitioner : Mr.R.Maheswaran For Respondents : Mr.L.Murugan Government Advocate (Crl. Side) * * * * * ORDER This petition has been filed to direct the respondent to release the Husband of the petitioner namely Thangaraj on parole for a period of 3 days in order to attend the marraige of his sister's daughter on 19.01.2011. 2. Heard Mr.R.Maheswaran, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate(Crl.side) appearing for the state. 3. The learned counsel for the petitioner would submit in his argument that the petitioner's husbandThangaraj S/O.Chellakkannu (C.P.No.78449) is convicted and he is serving sentence and he is in Trichy Central Prison. He would further submit in his argument that the convicted prisoner's sister's daughter's marriage has to be performed in the presence of the petitioner's husband, who is in the prison. He would also submit in his argument that three days leave may be granted for attending the marriage function and the representation given by the petitioner to the respondent may be directed to consider and suitable orders may be passed in the https://hcservices.ecourts.gov.in/hcservices/ 2 circumstances of the case. 4. The learned Government Advocate (Crl.side) would submit in his argument that it is the domain of the respondent to consider the parole and to pass orders, according to the facts and circumstances of the case, in the exigency like attending marriage function. The petitioner's claim for the leave to her husband Thangaraj (C.P.No.78449) for two days and the respondent has to be to considered in accordance with prison manual and the Rules governing the leave of the said convicts in accordance with law, therefore, suitable orders may be passed. 5. Considering the submissions made by both sides, this Court could see that the daughter of the sister of the husband of the petitioner viz., K.Meghala's marriage has to be performed on 19.01.2011. No doubt it is also true that the convict is under the control of the respondent is sentimentally entitled to go on leave of parole for that purpose and that would be only under the Rules governing the parole as well as in accordance with the prison manual. 6. The learned Government Advocate (criminal side) would also submit in his argument that the marriage of the convicted person's sister's daughter is scheduled tomorrow and it is true. 7. When the reasons put forth by the petitioner has not been disputed by the learned Government Advocate (criminal side), this Court is inclined to issue direction to the respondent to consider the representation of the petitioner or the petitioner's husband, who is the convict viz., Thangaraj (C.P.No.78449) for attending the marriage of his sister's daugter on humanitarian grounds but with strictly in accordance with law and to grant the parole after providing tight security for the safety and secured presence of the said convicts in order to continue their serving of sentence after the completion of two days viz., on 19.01.2011 and 20.01.2011. 8. Accordingly, the respondent is directed to consider the representation, if any already received or to receive the representation from the petitioner or from the convict concerned and to pass orders of parole in accordance with prison manual and Rules for two days viz., on 19.01.2011 and 20.01.2011 and to pass orders immediately on production of this order (within today). 9. With the aforesaid observation and directions, this petition is ordered. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent, Central Prison, Trichy. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.R.Maheswaran, Advocate (SR.No.1728)1 Crl.O.P.(MD).No.488 of 2011 18.01.2011 arul NSV/18.1.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/