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Judgment
V.Bharathidasan, J
The petitioner has come forward with this writ petition seeking for issuance of a Writ of Mandamus to direct the first respondent to grant emergency leave to the petitioner's son one S.Karthi @ Agorikarthick, a Remand Prisoner has been confined in judicial custody for an offence punishable under N.D.P.S. Act. Yesterday ie., on 30.10.2021, his father, Shanmugam, died and to perform the final rites of his father, the detenu approached the first respondent and filed an application seeking parole, but not considered, hence, now filed the present writ petition, seeking six days emergency leave.
Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions submitted that the detenu involved more than 21 criminal cases, in which three cases are 302 I.P.C., and submitted that if he released on bail, he is likely to abscond. That apart, only remedy available to the petitioner is to approach the concerned trial Court, seeking for interim bail and she cannot maintain the writ petition for that purpose.
We have considered the rival submissions made on either side and perused the materials available on record.
Considering the fact that the father of the detenu died and he only seeking leave to perform the final rites to the father, we direct the first respondent to grant emergency leave to the detenu/Remand Prisoner S.Karthi @ Agorikarthick, Son of Late Shanmugam, aged about 25 years, now confined at Central Prison, Madurai, for a period of three days from 01.11.2021 to 03.11.2021, with escort facilities, at the expenses of the petitioner. The detenu shall surrender before the first respondent on 03.11.2021 at 5.00 p.m. Accordingly, this Writ Petition is allowed. No costs.