Panneerselvam.K v. The Additional Director General of Police (Prison)

JUDGMENT DR G.JAYACHANDRAN,J. K.K. RAMAKRISHNAN,J. The life convict, in S.C.NO.44 of 2017 on the file of the Special Court of Exclusive Trial of Case under POCSO Act Court, Madurai, who has preferred an appeal before this Court, which has also been dismissed, confirming the conviction, is before this Court seeking emergency leave to attend his son's marriage, which is scheduled to be held on 23.02.2022.

2.The learned Additional Public Prosecutor appearing for the State was directed to verify the fact whether the son of the convict getting married on 23.02.2023 and whether the request made on behalf of the convict for leave under consideration by the Prison Authority. It is informed by the learned Additional Public Prosecutor that an enquiry reveals that Samuvel Raj, son of the life convict Mr.Karunanithi, is getting married to one John Selvi, on 23.02.2023 at Madurai. Further reveals that Betrothal is scheduled to be held on 22.02.2023 at Sattur and also a representation submitted on behalf of the life convict for emergency leave is under active consideration.

3.Taking note of the fact that there is possibility of time, this Court in exercise of its power under Article 226 of the Constitution of India grants leave to the life convict Karunanithi, to attend his son's marriage. The Prison Authority is directed to release the life convict with police escort on

22.02.2023 by 12.00 noon to attend his sons's marriage. The life convict shall return back to the prison and report to the Prison Authority by 06.00 p.m., on 23.02.2023.

4.With the above direction, this Writ Petition is disposed of. No costs.

(G.J.,J.) (K.K.R.K.,J.)

21.02.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns Note:Issue order copy on 21.02.2023 DR G.JAYACHANDRAN,J. K.K. RAMAKRISHNAN,J. Ns To

1.The Additional Director General of Police(Prison) Gandhi Irwin Road, Egmore, Chennai.

2.The Superintendent of Prison, Madurai Central Prison, Madurai.

3.The Inspector of Police, C2, Subramaniapuram Police Station,(L&O) Madurai City, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

21.02.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023 CORAM THE HON'BLE DR JUSTICE G.JAYACHANDRAN THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN K.Panneerselvam .. Petitioner Vs. 1.The Additional Director General of Police(Prison) Gandhi Irwin Road, Egmore, Chennai. 2.The Superintendent of Prison, Madurai Central Prison, Madurai. 3.The Inspector of Police, C2, Subramaniapuram Police Station,(L&O) Madurai City, Madurai. .. Respondents Petition filed under Article 226 of the Constitution of India, praying this Court directing the 2nd respondent to grant emergency leave and release the petitioner's husband namely Karunanithi, aged 74 years, who is a life convicted Prisoner (No.5947) who is imprisonment in Madurai Central Prison on Parole for a period of 4 days for his appearance during the Son's marriage on 23.02.2023 by considering the petitioner's representation dated 18.02.2023. For Appellant :Mr.M.Chandrabose For Respondents :Mr.A.Thiruvadikumar Additional Government Pleader