Ganesan v. The Superintendent of Prison

ORDER (Order of the Court was made by M.S.RAMESH, J.) The petitioner herein, is the father of the life convict. The life convict was convicted for the offences under Sections 341 and 302 of IPC and was sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000/- i/d. simple imprisonment for 6 months by the learned Sessions Judge, Mahalir Neethimandram at Allikulam, Chennai in S.C.No.218 of 2018 dated 26.02.2024.

¶2The learned counsel for the petitioner submitted that the petitioner's wife/mother of the life convict died on 16.02.2025 and the life convict has also attended the funeral on 18.02.2025. The learned counsel further submits that the death rituals and other ceremonies of the mother of the life convict is scheduled to be conducted on 24.02.2025 and 25.02.2025 and hence, the petitioner/father of the life convict has filed the present Writ Petition seeking to grant 2 days parole to his son/life convict to attend the death rituals of his mother.

¶3The learned Additional Public Prosecutor, on instructions, has submitted that the parole may be granted to the life convict with escort.

¶4In view of the above facts and circumstances, we are inclined to consider the prayer sought for in this Writ Petition.

¶5Accordingly, the petitioner's son/life convict namely G.Alagesan, S/o.Ganesan, confined at Central Prison, Puzhal, Chennai, is granted 2 days parole with minimum escort from 05.30 P.M of 24.02.2025 till 05.30 P.M. of 26.02.2025. After expiry of the specified period of parole, the life convict shall surrender before the first respondent herein. The convict shall utilize the parole only for the purpose for which it has been granted and shall not indulge in any other activities.

¶6With the above directions, the Writ Petition stands allowed. No costs. [M.S.R, J.] [N.S, J.]

24.02.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 24.02.2025. To

1.The Superintendent of Prison, Central Prison, Puzhal, Chennai – 600 066.

2.The Inspector of Police, R-7, K.K. Nagar Police Station, K.K. Nagar, Chennai – 600 078.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

N. SENTHILKUMAR, J. Sni

24.02.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Ganesan ... Petitioner Vs. 1.The Superintendent of Prison, Central Prison, Puzhal, Chennai – 600 066. 2.State of Tamil Nadu, The Inspector of Police, R-7, K.K. Nagar Police Station, K.K. Nagar, Chennai – 600 078. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant parole to the convict prisoner G.Alagesan, S/o.Ganesan, now convicted in Central Prison, Puzhal, Chennai, under Section 341 and 302 IPC, dated 26.02.2024, to attend the death rituals from 24.02.2025 to 25.02.2025 of his deceased mother Mrs.G.Gandharubi. For Petitioner : Mr.J.B.Solomon Peter Kamal Doss For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John