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Madras High Court

V.Amuthavalli vs The Superintendent Of Police on 28 January, 2022

Author: P.N.Prakash

Bench: P.N.Prakash, R.Hemalatha

                                                                                 Writ Petition No.1244 of 2022



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 28.01.2022

                                                           CORAM

                                    THE HONOURABLE MR. JUSTICE P.N.PRAKASH
                                                    and
                                   THE HONOURABLE MRS. JUSTICE R.HEMALATHA

                                                 Writ Petition No.1244 of 2022

                     V.Amuthavalli
                     W/o.Venkat @ Venkatesan                                        .. Petitioner

                                                              Vs.

                     1.The Superintendent of Police,
                       Central Prison, Puzhal,
                       Chennai.

                     2.State represented by
                       The Inspector of Police,
                       K-1 Sembium Police Station,
                       Chennai.
                       Crime No.502 of 2000                                         .. Respondents

                                  Writ Petition filed under Article 226 of the Constitution of India
                     seeking issuance of a Writ of Mandamus directing respondents to issue
                     parole to the petitioner's husband, namely, Venkat @ Venkatesan, who is
                     now confined at Central Prison, Puzhal, as convicted accused, for a period
                     of 30 days.


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https://www.mhc.tn.gov.in/judis
                                                                                  Writ Petition No.1244 of 2022



                                        For Petitioner  :       Mr.S.Gopinath
                                        For Respondents :       Mr.R.Muniyapparaj,
                                                                Additional Public Prosecutor
                                                              *****

                                                            ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to respondents to grant parole to the petitioner's husband, namely, Venkat @ Venkatesan, who is now confined at Central Prison, Puzhal, as convicted accused, for a period of 30 days.

2. The petitioner is seeking parole for 30 days for her husband Venkat @ Venkatesan, who is a convict prisoner. In the State of Tamil Nadu, pursuant to the judgment of the Full Bench of this Court in State represented by the Home Secretary and 4 others v. Yesu1 a convict prisoner can seek leave only under the Tamil Nadu Suspension of Sentence Rules and not parole.

1 (2011) 5 CTC 353 2/4 https://www.mhc.tn.gov.in/judis Writ Petition No.1244 of 2022

3. It is seen that no application for ordinary leave has been submitted by the convict prisoner in this case. Hence, this Writ Petition is closed with liberty to the convict prisoner or the petitioner, on his behalf, to submit a proper leave application to the authorities seeking ordinary leave and on such application being submitted, the authorities shall dispose of the same expeditiously. No costs.

                                                                          [P.N.P., J]          [R.H., J]
                                                                                     28.01.2022
                     Index: Yes/No
                     gm


                     To

1.The Superintendent of Police, Central Prison, Puzhal, Chennai.

2.The Inspector of Police, K-1 Sembium Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

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https://www.mhc.tn.gov.in/judis Writ Petition No.1244 of 2022 P.N.PRAKASH, J and R.HEMALATHA, J gm Writ Petition No.1244 of 2022 28.01.2022 4/4 https://www.mhc.tn.gov.in/judis