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2020 DIGILAW 1459 (MAD)

P. Vanjitha v. Additional Director General of Prison, Thaalamuthu Natrajan Malligai, Chennai

2020-09-08

N.KIRUBAKARAN, P.VELMURUGAN

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JUDGMENT : N. Kirubakaran, J. (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus directing the 2nd respondent herein to grant parole to petitioner son, Vadivelan, Son of Perumal, aged about 40 years presently confined in Central Prison, Vellore for a period of 30 days without police escort to visit his ailing father.) 1. The matter was heard through “Video Conference”. 2. This Petition has been filed by the mother of the convict viz., Vadivelan, Son of Perumal, aged about 40 years, seeking parole for a period of 30 days without police escort to visit his ailing father. 3. Heard Mr.M.R.Thangavel, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. 4. The learned Counsel for the Petitioner submitted that the father of the convict got injured in an accident and he is bedridden and his condition is critical and sought parole for the convict for the period of 30 days. However, the learned Additional Public Prosecutor submitted that the accident occurred in February 2020 and his father is only bedridden and his condition is not critical and opposed for allowing this Petition. 5. Even though the convict’s father sustained injuries in the accident occurred in the month of February, the convict has not visited his father so far and the photographs produced before this Court would show that the convict’s father is bedridden. No doubt, the convict is not eligible for an ordinary leave without the completion of three years imprisonment as he was convicted for the offence under the Protection Of Children from Sexual Offences, Act 2012. 6. However, taking into consideration of the fact that the convict has not seen his father and on considering the health condition of the convict’s father and on the fact that the convict has not come out on leave from the date of conviction, interest of justice would be met if the convict is granted two days leave to visit his ailing father. 7. Accordingly, the convict viz., Vadivelan, Son of Perumal, aged about 40 years presently confined in Central Prison, Vellore is directed to be released forthwith with police escort on 09.09.2020 and the Convict is directed to be brought back to prison on 10.09.2020 at 05.00 P.M. 8. 7. Accordingly, the convict viz., Vadivelan, Son of Perumal, aged about 40 years presently confined in Central Prison, Vellore is directed to be released forthwith with police escort on 09.09.2020 and the Convict is directed to be brought back to prison on 10.09.2020 at 05.00 P.M. 8. The Jail Authorities, during the said period, shall provide proper escort to the convict, in order to ensure his safety and security. They shall also impose suitable conditions to that effect and the convict should also abide by the conditions to be imposed by the authorities concerned. 9. Accordingly, this Petition is ordered. Post the matter for reporting compliance on 11.09.2020.