Ponraj v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Ponraj ... Petitioner Vs.

1.The Secretary, Home Department, Fort St. George, Chennai - 9.

2.The Jail Superintendent, Puzhal Central Prison, Puzhal, Chennai - 66.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to release the petitioner herein on parole thereby enabling him to visit and take care of his ailing father who is situated at No.9/27, North Street, Chokalingapuram, Thesaiyanvelai Taluk, Thirunelveli District. For Petitioner :

Mr.J.Chelladurai Caldwell For Respondents :

Mr.E.Raj Thilak

Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) Seeking parole, the present writ petition has been filed by the petitioner/convict, who has been convicted and sentenced to undergo twenty years rigorous imprisonment.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. Parole has been sought for by the petitioner to enable him to visit and take care of his ailing father, aged about 85 years residing at No.9/27, North Street, Chokalingapuram, Thesaiyanvelai Taluk, Tirunelveli District.

4. There is no serious objection and the learned Additional Public Prosecutor submits that the second respondent had earlier decided to grant parole for one day. This Court finds that one day is not sufficient as the petitioner has to travel a long distance and it will take atleast 2 days for travelling.

5. In the said circumstances, we are inclined to grant parole to the petitioner/convict and this writ petition is ordered on the following terms: (i) The convict shall be released from the prison at 10.00 a.m. on 16.10.2023 and he shall return back to the prison at 06.00 p.m. on 23.10.2023.

(ii) The respondents shall provide minimum escort to the convict from the Prison from the time he leaves the prison and till such time he is taken back to the Prison, on the said date and time as ordered by this Court. We make it clear that the day on which the convict is released from the prison and the day on which he is readmitted will have to be excluded. It is clarified that the cost involved in providing escort shall be borne by the petitioner.

(S.S.S.R., J.) (S.M., J.) 09.10.2023 Index : Yes / No mmi/spp Note: Issue copy of the order on 11.10.2023

To 1.The Secretary to Government, Home Department, Fort St. George, Chennai - 9.

2.The Jail Superintendent, Puzhal Central Prison, Puzhal, Chennai - 66.

3.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mmi/ssp 09.10.2023