Nakkeeran, v. The Additional Director General Of Prisons,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Nakkeeran ... Petitioner Vs.
1.The Additional Director General of Prisons, Egmore, Chennai - 600 008.
2.The Superintendent of Prison, Central Prison, Trichy, Trichy.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to release Panchanathan (Convict Prisoner No.20222), S/o.Singaiyadevar, on parole for a period of 30 days. For Petitioner : Mr.A.S.Aswin Prasanna For Respondents : Mr.M.Babu Muthumeeran,
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND SUNDER MOHAN , J.
On the ground that the petitioner's father/life convict is aged about 78 years due to which, he is suffering from various ailments and that the petitioner's mother is also ill, the petitioner has sought leave for his father. The petitioner's father was convicted for the offence under Section 302 of IPC and was sentenced to undergo life imprisonment by the learned Sessions Judge, Thiruvarur, in S.C.No.14 of 2008 dated 30.08.2013. Thereafter, the petitioner's father filed an appeal in CA.No.608 of 2013 and through an order dated 30.09.2016, the same came to be dismissed. The petitioner had given a representation on 22.03.2024, seeking leave for his father. Since the same has not been considered till date, the petitioner has filed the present Writ Petition.
2. The learned counsel for the petitioner submitted that the life
convict has served more than seven years of imprisonment.
3. The learned Additional Public Prosecutor has produced the particulars of the life convict, which states that since the appeal filed by the life convict is pending before the Supreme Court, he is not eligible for grant of leave. The learned Additional Public Prosecutor has also produced a report of the Probation Officer dated 15.04.2024, which states that the reason assigned by the life convict's family for grant of leave is not genuine and hence, he does not recommend to grant leave to the life convict.
4. Though the Probation Officer did not recommend granting leave to the life convict, considering the old age of the life convict, as well as the medical conditions of the life convict and his wife, we are inclined to grant 28 days of ordinary to the petitioner's father/life convict. 5.
Accordingly, the life convict namely Panchanathan, S/o.Singaiyadevar, Convict No.20222, shall be granted 28 days ordinary
leave "without escort" commencing from 01.05.2024 to 28.05.2024, with a condition that he shall report before the jurisdictional Police i.e. Paravakottai Police Station, Thiruvarur District, twice a week on Wednesdays and Saturdays at 10.30 am. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 29.05.2024 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
6. With the above direction, the Writ Petition stands allowed. No costs.
[M.S.R., J] [S.M., J] 25.04.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Sni Note: Issue Order Copy on 30.04.2024
To 1.The Additional Director General of Prisons, Egmore, Chennai - 600 008.
2.The Superintendent of Prison, Central Prison, Trichy, Trichy.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Sni 25.04.2024