The court can treat a petition for emergency leave under Article 226 of the Constitution of India in an emergency situation, despite the limitations under Section 482 Cr.P.C.

This petition has been filed to direct the respondents to release the petitioner's brother namely, Palpandi, S/o. Subramani C.P.No.5052 on Parole from Central Prison, Madurai for 1 week to attend his mother Rukmani's funeral function and rituals going to be performed on 11.02.2016.

2. Heard the learned counsel for the petitioner; learned Government Advocate appearing for the respondents and perused the materials placed on record.

3. The leave for a convict prisoner is governed by the provisions of Tamil Nadu Suspension of Sentence Rules, 1982. The Superintendent of Prisons is empowered to grant emergency leave in case of sudden death of a close relative of a convict prisoner. A petition under Section 482 Cr.P.C. for direction to the Superintendent of Prisons, to grant emergency leave is not maintainable, in view of the decision of the Division Bench of this Court in K.Rajamanickamandothersv. State of Tamil Nadu, Inspector General and Superintendent, Central Prison reported in 2015 (3) MWN (Cr.) 379 (DB). However, in view of the emergency situation, I am of the view that the present petition under Section 482 Cr.P.C. can be treated one under Article 226 of the Constitution of India.

4. The learned Government Advocate (Crl. Side) submits that the mother of the life convict died this morning.

5. Hence, the Superintendent of Prison, Madurai Central Prison, Madurai, the 3rd respondent herein, is directed to send the convict prisoner, viz., Palpandi, S/o. Subramani,. C.P.No.5052, under police escort at the expense of the State to attend the funeral of his mother immediately. He shall be brought back to the prison on 13.02.2016 at 5.00 p.m.

With the above direction, this petition is closed.