1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.11869 of 2011 A.Francis ... Petitioner Vs 1. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District. 2. The Inspector of Police, Kollemcode Police Station, Kanyakumari District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to grant parole for a period of one month to the petitioner's son by name Sathish S/o A.Francis who is being confined at Central Prison, Palayamkottai, Tirunelveli District as a life convict pursuant to the judgment passed by the learned Principal District and Sessions Judge, Kanyakumari Division, Nagercoil in S.C.NO.141 of 2007 vide his judgment dated 21.04.2009. For Petitioner : Mr.R.Anand For Respondents : Mr.B.Pugalendhi Special Government Pleader. O R D E R The petitioner who is the father of a convict undergoing life imprisonment at Palayamkottai Central Prison for an offence under Section 302 I.P.C. has come up with the above writ petition seeking a writ of mandamus to direct the first respondent to grant parole for a period of one month to his son, so as to enable him to attend the wedding of the convict's sister. 2. Heard Mr.R.Anand, learned Counsel for the petitioner. 3. Mr.B.Pugalendhi, learned Special Government Pleader took notice yesterday and got instructions. 4. On instructions, the Special Government Pleader submitted that by a judgment dated 21.04.2009, the petitioner's son by name Sathish was convicted by the Court of Sessions, Kanyakumari District, https://hcservices.ecourts.gov.in/hcservices/ 2 Nagercoil in S.C.No.141 of 2007 for an offence under Section 302 I.P.C. and sentenced to life imprisonment. He is now lodged in the central prison, Palayamkottai. 5. The petitioner has fixed the wedding of his daughter by name Sherli on 24.10.2011. The reception is scheduled to take place on 23.10.2011. Therefore the petitioner gave a representation to the first respondent for the grant of parole and thereafter he has come up with the above writ petition. 6. Though there is no provision for the grant of parole, the Government had issued a set of Rules known as Tamilnadu Suspension of Sentence Rules 1982, in exercise of the powers conferred by Section 432 (5) of the Code of Criminal Procedure. The said Rules provide for the grant of emergency leave, ordinary leave, treatment of period leave and the procedure to be followed both for the grant of such leave and for police escort when leave is granted. 7. Under Rule 6 emergency leave can be granted for attending the death or serious illness of father, mother, wife, husband, daughter, son, full brother or full sister or the wedding of son, daughter, full brother or full sister of the prisoner. On instructions the learned Special Government Pleader submitted that the marriage invitation produced by the petitioner to the effect that the convict's sister is to get married on 24.10.2011, is genuine. She is admitted to be the full sister of the convict. Therefore there is no dispute that the petitioner's son qualifies for the grant of emergency leave under Rule 6. 8. The maximum period of emergency leave is prescribed under Rule 13 to be 15 days in a year to be split into four spells. The first spell is to be for 6 days and the remaining is to be for 3 days each. But Rule 13 also states that in exceptional cases, the Government may extend the period of emergency leave following the rules prescribed in Rule 34. 9. Taking into account the above, I am of the view that the petitioner's representation should be considered in tune with Rules 6, 13 and 14. Therefore, the writ petition is disposed of directing the first respondent to pass orders in accordance with Rule 13 of the aforesaid Rules, granting emergency leave to the petitioner for the period of 6 days with effect from 22.10.2011. If he is released on the evening of 22.10.2011, he shall report back on the evening of 28.10.2011. If he is released on the morning of 22.10.2011, he shall report back on the morning of 28.10.2011. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District. 2. The Inspector of Police, Kollemcode Police Station, Kanyakumari District +1cc to Mr.R.Anand, Advocate, Sr.No.36144 ssl ssk/20.10.2011 /4c -3p/- W.P.(MD)No. 11869 of 2011 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/