Zaheera Banu v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Zaheera Banu W/o. Uma Farooq @ Moideen Abdul Khader @ Kadar Bhai, No.31c, Segu Appa Lane, Pudumanai Street, Nagapattinam District, Nagore- 611 002.

Petitioner(s) Vs

1. The Secretary Department Of Home (Prison) Department, Fort St. George, Chennai-09.

2.The Superintendent Of Central Prison Puzhal -I, Chennai-066.

Respondent(s)

PRAYER Directing to modify the parole condition imposed in G.O. (2D) No.8 order dated 08.01.2025 passed by the first respondent to report before the Nagore Police station once in a month instead of every day to secure the ends of Justice.

For Petitioner(s):

Mr. R.Sankarasubbu For Respondent(s):

Mr. R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.Sylvester John N.SENTHILKUMAR, J.

This Writ Petition has been filed to modify the parole condition imposed in G.O. (2D) No.8 order dated 08.01.2025 passed by the first respondent on the convict to report before the Nagore Police station once in a month instead of every day.

2. Heard the learned counsel on either side and perused the documents.

3. The learned counsel for the petitioner submits that as per G.O.(2D) No.15, Home (Prison V), Department, dated 12.01.2024, parole for a period another six months was extended to the petitioner's husband/convict with a direction to sign before the Nagore Police Station daily. The petitioner further submits that her husband/convict has been signing before the Nagore Police Station, regularly and he is 85 years-old and is undergoing treatment for kidney disease and hence, the condition imposed in G.O. (2D) No.8, dated 08.01.2025,

to sign before the Nagore Police Station daily may be modified to once in a month.

4. The learned Additional Public Prosecutor appearing for the respondents submits that the convict has been complying with the condition regularly. Hence, he submits that a suitable order may be passed.

5. Considering the submission made by the learned counsel appearing on either side, the Government Order in G.O. (2D) No.8, dated 08.01.2025 imposing the condition on the convict to report daily is modified to the effect that the convict shall report before the Nagore Police Station, once in a month.

6. Accordingly, this Writ Petition is ordered. No costs. (M.S.RAMESH J.)(N.SENTHILKUMAR J.) 25-04-2025 ASI

To 1.The Secretary Department Of Home (prison) Department, Fort St. George, Chennai-09.

2.The Superintendent Of Central Prison Puzhal -I, Chennai-066.

3. The Inspector of Police, Nagore Police Station.

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025