Allowed

Smt.Jebamani, F/A-40 Years v. the State Rep.by Its

Madras HC11 May 2017CRL OP/9412/2017

Case brief

AI extract

What is this about?

This Criminal Original Petition under Section 482 Cr.P.C. by a convict's wife sought parole for ten days to attend her daughter's marriage. The High Court allowed the petition and granted parole for three days instead, directing the prison to provide an armed escort.

What did the court decide?

Parole granted for three days from 16.5.2017 (6.00 a.m.) to 18.05.2017 (6.00 p.m.) for armed escort to attend a marriage.

Smt.Jebamani, F/A-40 Years Vs the State Rep.by… — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICIATURE AT MADRAS

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DATED : 11.05.2017

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CORAM :

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THE HON'BLE MR.JUSTICE M.S.RAMESH

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CRL.O.P.NO.9412 OF 2017

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Smt.Jebamani ... Petitioner

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.. Vs .. The State rep. by 1. The Inspector of Police, Manavalanagar Circle, Mappedu Police Station, Thiruvellore District [CR.No.328 of 2004]

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The Superintendent of Central Prison, Central Prison @ Puzhal, Chennai-600 066. ... Respondents

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Prayer: Petition filed under Section 482 Cr.P.C., seeking to grant the relief of parole for 10 days for the period from 13.5.2017 to 22.5.2017 for the petitioner's husband/convict, namely, Pagasalai Sampath, who has been now confined at Central Prison, Chennai-66 vide Convict No.5795 based on the representation of the petitioner's wife dated 3.5.2017 submitted before the 2nd respondent prison in Crl.Appeal No.641 of 2013.

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For Petitioner : Mr.K.Raja For Respondents : Mr.M.Mohamed Riyaz, Govt.Advocate (Crl.Side) ORDER

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This Petition has been filed Section 482 Cr.P.C., seeking to grant the relief of parole for 10 days for the period from 13.5.2017 to 22.5.2017 for the petitioner's husband/convict, namely, Pagasalai Sampath, who has been now confined at Central Prison, Chennai-66 vide Convict No.5795 based on the representation of the petitioner's wife dated 3.5.2017 submitted before the 2nd respondent prison in Crl.Appeal No.641 of 2013.

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According to the petitioner, who is the wife of one Pagasalai Sampath (Convict No.5795) serving sentence passed by judgment dated 7.6.2016 in Crl.Appeal No.641 of 2013, presence

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https://hcservices.ecourts.gov.in/hcservices/

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of her husband is required since the marriage of their daughter, Ms.S.Prema has been fixed with one S.Dinesh to be performed on 17.5.2017 at T.E.L.Ebinezar Church at Kondancherry village, Thiruvellore District, following a reception at Mappedu Keelacherry at Brindavan Marriage Hall on the same day. Hence, the petitioner seeks to grant parole of her husband for 10 days, from 13.5.2017 to 22.5.2017.

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Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

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Considering the facts and circumstances of the case, this petition is allowed, directing the second respondent to temporarily release the petitioner's husband, namely, Pagasalai Sampath (Convict No.5795) serving sentence passed by judgment dated 7.6.2016 in Crl.Appeal No.641 of 2013 on parole by providing armed escort for a period of three days, from 16.5.2017 (6.00 a.m.) to 18.05.2017 (6.00 p.m.). The second respondent is directed to take necessary steps to ensure that the convict returns after the expiry of the parole period.

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Sd/Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar vsi2 To 1. The Inspector of Police, Manavalanagar Circle, Mappedu Police Station, Thiruvellore District

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The Superintendent of Central Prison, Central Prison @ Puzhal, Chennai-600 066.

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The Public Prosecutor, High Court, Madras. +1cc to Mr.K.Raja, Advocate Sr.37198

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CRL.O.P.NO.9412 OF 2017

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kk[co] srg 15/05/2017

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https://hcservices.ecourts.gov.in/hcservices/

Smt.Jebamani, F/A-40 Years v. the State Rep.by Its

Case brief

What is this about?

What did the court decide?

Smt.Jebamani, F/A-40 Years v. the State Rep.by Its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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