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Judgment
The petitioner herein is the wife of the remand prisoner M.Jeganathan, S/o.Mayandi, aged about 45 years, who was arrested by the fourth respondent police, under Act 14 of 1982, in Crime Nos. 225 of 2016 and 394 of 2016, for having 1.100 Kgms Kanja and 97 Kgms of Kanja, respectively. The said Jeganathan has been under incarceration from the date of arrest i.e., on 22.10.2016 and he was not released on bail.
In view of the urgency of the matter, a mention has been made and the matter has been taken up now.
The learned counsel for the petitioner would state that the petitioner''s mother-in-law by name Ellammal, W/o.Mayandi was died on 31.01.2017, which was also admitted on verification from the concerned police. He further state that as per Hindu rites and customs, as son of the deceased mother, the detenu/Jeganathan has to perform and participate in funeral rituals of his deceased mother. In this regard the petitioner had also submitted a representation to the respondents and no action has been taken. Hence the petitioner has come forward with this writ petition.
The learned Government Advocate also admitted that the petitioner''s/detenu''s mother Ellammal, W/o.Mayandi was died on 31.01.2017 and he has not disputed the above fact and he has also produced a xerox copy of the factum of the death of the detenu''s mother from the Inspector of Police, Kadamalai Kundu Taluk, Kadamalai Kundu.
This Court finds considerable force in the submissions made by the learned counsel for the petitioner. When the prisoners are entitled for parole, even as convict, he/she cannot be put into a much worst off situation, merely because the criminal case in pending consideration.
Therefore taking note of the aforesaid circumstances, this Court directs the third respondent herein to release the petitioner''s husband/Jeganathan, S/o.Mayandi, presently confined in Central Prison, Madurai, as remanded prisoner in Crime Nos.225 of 2015 and 394 of 2016, on parole for two days, from 02.02.2017, at 09.00 a.m., on condition that the said Jeganathan shall report back to the third respondent, the Superintendent of Central Prison, Madurai Central Prison, Madurai, on or before 05.00 p.m., on 03.02.2017. The third respondent is directed to provide necessary escort to accompany the said detenu/Jeganathan to the concerned place and relieve on 03.02.2017 at 05.00 p.m. The petitioner shall produce all necessary documents along with a copy of this order before the jail authorities. During parole, the convict prisoner shall abide by all the conditions prescribed in the jail manual.
Accordingly, this Writ Petition is disposed of. No Costs.