Madras High Court
P.Kabilan vs The Secretary To The Government on 15 April, 2021
Author: P.N.Prakash
Bench: P.N.Prakash, R.Pongiappan
W.P.No.8941 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
and
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
W.P.No.8941 of 2021
P.Kabilan,
S/o.Pugelenthi ... Petitioner /
Son of the detenue
versus
1.The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai - 600 009.
2.The District Collector and
District Magistrate of Cuddalore District,
Cuddalore.
3.The Superintendent of Police,
Cuddalore District. Cuddalore - I.
4.The Superintendent of Prison,
Central Prison, Cuddalore.
5.The Inspector of Police,
Chidambaram Taluk Police Station,
Chidambaram. ... Respondents
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W.P.No.8941 of 2021
Writ Petition filed under Article 226 of the Constitution of India,
praying for a Writ of Mandamus, to direct the 4th respondent to grant
parole for 30 days to the detenue Pugazhendhi, male aged 59 years,
S/o.Ramaiyan detained in C3/D.O./129/2020 dated 19.11.2020, who is
detained at Central Prison, Cuddalore.
For Petitioner : Mr.M.Balaji
For Respondents : Mr.R.Prathap Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the fourth respondent to grant parole for 30 days to the petitioner's father viz. Pugazhendhi, who is detained at Central Prison, Cuddalore.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. It is seen that the detenu has been detained under Act 14 https://www.mhc.tn.gov.in/judis/ 2/4 W.P.No.8941 of 2021 of 1982 and therefore, he cannot be granted parole under the Tamil Nadu Suspension of Sentence Rules, 1982. It is always open to the detenu to approach the Government under Section 15 of Act 14 of 1982. In the light of the law laid down in the Full Bench of this Court in State represented by the Home Secretary and 4 others vs. Yesu (2011 (5) CTC 353), parole cannot be granted outside the rules.
4. Hence, this Writ Petition stands closed.
[P.N.P.,J.] [R.P.A.,J.]
15.04.2021
sri
https://www.mhc.tn.gov.in/judis/ 3/4 W.P.No.8941 of 2021 P.N.PRAKASH, J.
AND R.PONGIAPPAN, J.
sri To
1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate of Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalore District. Cuddalore - I.
4.The Superintendent of Prison, Central Prison, Cuddalore.
W.P.No.8941 of 2021
5.The Inspector of Police, Chidambaram Taluk Police Station, Chidambaram.
6.The Public Prosecutor, High Court, Madras.
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