PALANISAMY Vs. SUPERINTENDENT, MADURAI CENTRAL PRISON

JUDGEMENT

(1.) Prayer in this Writ Petition is to quash the Order, dtd. 23/5/2024, passed by the First Respondent, rejecting the Petitioner's Representation, dtd. 20/4/2024 seeking grant of emergency leave for his son Jothi Murugan (C.P. No.2193).

(2.) The case of the Petitioner is that his son Jothi Murugan is a convict and he is in incarceration pursuant to the Judgment, dtd. 2/1/2024, passed in Spl.S.C. No.108 of 2023, by the Sessions Court, POCSO Act Cases, Dindigul. The Appeal preferred the convict against the Conviction and Sentence imposed on him is pending before this Court in Crl.A.(MD) No.150 of 2024.

(3.) It is the further case of the Petitioner that his wife (convict's mother) was admitted in a Hospital and operation was conducted, in which, a stent was placed in her heart. Since she is facing breathing problem and not able to visit the prison to meet her son (convict) and further in order to admit his granddaughter (convict's daughter) in a different school, the Petitioner made a Representation, dtd. 20/4/2024, to the Respondents seeking grant of 15 days emergency leave to the convict. However, the same has been rejected by the impugned Order of the First Respondent, on the grounds that the Appeal filed by the Petitioner's son challenging the conviction and sentence imposed on him by the Trial Court is pending, thereby, under Rule 2(4) of the Tamil Nadu Suspension of Sentence Rules, 1982, he is not eligible for grant of leave and as per Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, the reason for which, the leave is sought for can also not be granted. Therefore, the present Writ Petition.