IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-12-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.28051 of 2010 Sampathamma .. Petitioner. Versus 1. The Secretary, Home Department, Government Of Tamil Nadu, Fort St.George, Chennai-600 009. 2.The Superintendent, Central Prison, Puzhal-1, Chennai. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to grant parole to the petitioners’ son Marimuthu, son of Late Arumugam, confined as Convict No.118 in Central Prison, Puzhal- 1,Chennai for a period of one week from the date of granting parole from 08.12.2010 to 14.12.2010 to enable him to conduct death ceremonies of his brother viz., the petitioners’ departed son Aasai @ Munusamy, son of late Arumugam. For Petitioner : Mr.K.S. Suresh for Mr.T.K.Sampath Associates For Respondents : Mr.S.Gopinath Additional Government Pleader O R D E R 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 https://hcservices.ecourts.gov.in/hcservices/ the respondents to grant 'parole/short leave' to the petitioner's 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. 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. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar arr https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary, Home Department, Government Of Tamil Nadu, Fort St.George, Chennai-600 009. 2.The Superintendent, Central Prison, Puzhal-1, Chennai. + 1 cc to Mr.T.K. Sampath, Advocate SR.88569 W.P.No.28051 of 2010 SV(CO) Eu 10.12.10 https://hcservices.ecourts.gov.in/hcservices/