1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2011 C O R A M THE HONOURABLE MS.JUSTICE R.MALA CRIMINAL ORIGINAL PETITION No.9714 OF 2011 G.Thalapathi ... Petitioner Vs. 1.The Superintendent of Central Prison, Palayamkottai, Tirunelveli District. 2.The Inspector of Police, District Crime Branch, Madurai, Madurai District, Crime No.42 of 2011 ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to grant emergency leave for a period of one week to the petitioner remand prisoner namely G.Thalapathi S/o.Gopalsamy Naidu, now confined in Central Prison, Palayamkottai under the 1st respondent. For Petitioner : Mr.K.Jegannathan For Respondents : Mr.K.V.Rajarajan, G.A. (Crl. Side) ORDER This petition has been filed to direct the 1st respondent to grant emergency leave for a period of one week to the petitioner remand prisoner namely G.Thalapathi S/o.Gopalsamy Naidu, now confined in Central Prison, Palayamkottai under the 1st respondent. 2. The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A1 in crime No.42 of 2011 on the file of the 2nd respondent police for the offence under Sections 143, 120(B), 109, 406, 420, 387 and 506(i) I.P.C. He would further submit that the blood brother of the petitioner viz., G.Prabhu has died on 28.07.2011 and he has to perform the last rituals of his blood brother according to the family and religious customs and hence, he has come forward with the petition to grant emergency leave for a period of one week. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Heard the learned counsel appearing for the learned Government Advocate (criminal side) and perused the records available on records. 4. It is true that the blood brother of the petitioner has died and he has also filed bail application, which is pending before the Principal and Sessions Judge, Madurai. In such circumstances, even though the power of granting leave is only with the jail authority as per the prison manual, this Court is having empower to grant direction to the jail authority to grant emergency leave to the petitioner to perform the last rituals of his blood brother according to the family and religious customs. 5. Accordingly, the 1st respondent is directed to grant emergency leave to the petitioner for three days to perform the last rituals of his blood brother according to the family and religious customs. The Superintendent of Police, Madurai is also directed to provide escorts and adequate security to the petitioner for the above said three days. 6. With the above direction, this criminal original petition is disposed of. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Central Prison, Palayamkottai, Tirunelveli District. 2.The Inspector of Police, District Crime Branch, Madurai, Madurai District. 3.The Superintendent of Police, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.9714 of 2011 29.07.2011 Arul NSV/1.8.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/