SIRAJ NISHA Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed challenging the notice dtd. 13/5/2022 and for a direction to the second respondent to grant E.L. (Parole) to the petitioner's son for a period of three weeks.

(2.) The minimum facts that are required for deciding this writ petition are as under:-

(3.) The Superintendent of Prisons has filed a counter-affidavit, wherein, in paragraph No.4, it is stated as follows:- "4. With regard to the averments contained in Paragraphs No.4, 6 and 7 of the affidavit, it is submitted that previously the petitioner's son Life Convict Prisoner No.5830 Ibrahimsha S/o.Mohammed Hanifa has been remanded to Judicial custody concerned in Vilakkuthoon Police Station Crime No.803/2015 u/s 147, 148, 302, 120(b), 201, 212 and 3 of Explosive Act which is still pending in SC No.426/2018 before the VI Additional District Sessions Judge, Madurai. The next date of hearing is 20/7/2022. Moreover, he also remanded to Judicial custody concerned in Subramaniyapuram Police Station Cr No.268/2018 u/s 457 IPC and 380 IPC and the same is pending before the Judicial Magistrate Court No.IV, Madurai. The Remand period has been extended till 11/7/2022. Therefore, as narrated in the paragraph No.2 of this affidavit, the petitioner's son is not eligible for granting Emergency Leave and Ordinary Leave as per the provisions of Tamil Nadu Suspension of Sentence Rules, 1982."