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Madras High Court

P.Veera Bharathi vs The State Of Tamilnadu on 13 November, 2018

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                            1

                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 13.11.2018

                                                          CORAM

                            THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                            W.P.No.29719 of 2018
                                                    and
                                           W.M.P.No.34674 of 2018

                      P.Veera Bharathi                                                 ..Petitioner

                                                           Vs

                      1.The State of Tamilnadu, Rep.by
                        The Secretary to Government,
                        Home (Prison) Department,
                        T.N.Govt. Chief Secretariat,
                        St. George Fort, Chennai – 600 009.

                      2.The Superintendent,
                        Central Prison – I,
                        Puzhal, Chennai – 600 066.
                                                                                    ..Respondents
                      PRAYER:    Writ petition is filed under Article 226 of the Constitution of
                      India praying for issuance of a Writ of Mandamus, to direct the
                      respondents   to   extend     the    petitioner's   (Veera   Bharathi,   S/o.
                      V.Ponniah, aged about 48/2018 years, being confined at Central
                      Prison- I, Puzhal, Chennai bearing L.Ct.No.7209) present emergency
                      parole for a period of three months under Rule No.34 of the Tamilnadu
                      Suspension of Sentence Rules, 1982, in order to assist his ailing wife
                      and to arrange proper continued medical treatment for her.


                                 For Petitioner              : Mr.VeeraBharathi,
                                                               Party-in-person
                                 For Respondents             : Mr.M.Mohamed Riyaz
                                                               Additional Public Prosecutor

http://www.judis.nic.in
                                                             2

                                                       ORDER

The petitioner's after making his submissions in person requested that he may be permitted to withdraw the Writ Petition. The petitioner also sought for one day time to surrender before the Central Prison – I, Puzhal, Chennai – 600 066.

2 The request of the petitioner is accepted and the Writ Petition is dismissed as withdrawn. The petitioner is granted leave to make a fresh representation to the second respondent seeking for special/ordinary leave in order to attend to the medical contingency faced by the wife of the petitioner.

3 The second respondent on receipt of the representation made by the petitioner, shall take a decision within a week, and pass appropriate orders in accordance with law. The petitioner shall surrender before the second respondent at 5.00 p.m on 14.11.2018. and the second respondent shall receive the representation from the petitioner only after the petitioner surrenders before the second respondent.

13.11.2018 Note: Issue Order copy on 14.11.2018 Index : Yes/No Speaking/Non Speaking order jen/rpl http://www.judis.nic.in 3 To

1.The Secretary to Government, Home (Prison) Department, T.N.Govt. Chief Secretariat, St. George Fort, Chennai – 600 009.

2.The Superintendent, Central Prison – I, Puzhal, Chennai – 600 066.

3.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 4 N.ANAND VENKATESH,J.

Jen/rpl W.P.No.29719 of 2018 and W.M.P.No.34674 of 2018 13.11.2018 http://www.judis.nic.in