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2020 DIGILAW 907 (MAD)

. v. .

2020-06-08

R.SURESH KUMAR, VINEET KOTHARI

body2020
JUDGMENT Dr. Vineet Kothari, J. The learned Additional Public Prosecutor, Mr.R.Prathap Kumar has brought to our notice a communication in Rc.No.46531/PS4/2020 dated 6.6.2020 issued by the Director General of Police, in para 8 of which, it is stated as under:- "It is informed that throughout the State in all Central Prisons, Special Prisons for Women and Borstal School in Pudukottai separate blocks have been earmarked to quarantine the prisoners on their admission in prisons on expiry of leave. Hence, if the Hon'ble Court recall the order passed in Suo Motu Writ Petition No.7413/2020 regarding extension of prisoner's leave granted by the Hon'ble Court, they will be placed in quarantine in the earmarked separate blocks of respective prisons after proper screening." 2. The details of the convicts, who are on Parole, as furnished in the said Report, are reproduced hereunder:- "Central Prison.I Puzhal S.No Name of Prisoner and No. Sentenced under section Reason & date on which sent on leave No.of days leave availed and completed as on 08.06.2020 Orders of the Hon'ble Court 1 Convict No. 7598 Janarthanan S/o Anandhan Total Sentence – 9 years u/s 120 (b), 409 r/w 114, 411, 409 r/w 114 IPC On 23.01.2020, the prisoner was sent on leave for medical treatment. 137 days HCP No. 238/19, dated – 22.01.2020 2 Life Convict No. 4752 Mani @ Manirathinam S/o Sundar Life imprisonment u/s 302 r/w 149 IPC On, 21.03.2020, the prisoner was granted leave with police escort for his child school admission and also to take care his ailing mother 79 days HCP No. 155/2020, dated–19.03.2020 3 Life Convict No. 2416 Pandiyan S/o Mani Life imprisonment 302 r/w 34, 394 r/w 397, 307 r/w 34 IPC On 21.03.2020, the prisoner was sent on leave to take care his ailing wife and also for making necessary arrangements for his children livelihood. 79 days HCP No. 339/2020 dated – 19.03.2020 4 Convict No. 5201 Rajan @ Ithalirajan @ Sowndarajan S/o Arumuganayakam R.I for 10 years U/s 5, 5 of explosive substance Act and U/s 6(1.A), 6(1.A) of wireless telegraphy Act. On 14.03.2020, the prisoner was granted leave to make necessary arrangements for her daugther's higher education. 86 days HCP No. 164/2020, dated – 12.03.2020 5 Life convict No. 16749 Azhagar @ Valarntha Azhagar S/o Dharmaraj Life imprisonment u/s 302 r/w 120 (B)and also convicted u/s 3r/w 25 (1B) (A) Arms Act. On 14.03.2020, the prisoner was granted leave to make necessary arrangements for her daugther's higher education. 86 days HCP No. 164/2020, dated – 12.03.2020 5 Life convict No. 16749 Azhagar @ Valarntha Azhagar S/o Dharmaraj Life imprisonment u/s 302 r/w 120 (B)and also convicted u/s 3r/w 25 (1B) (A) Arms Act. On 05.03.2020, the prisoner was sent on leave to make necessary arrangements for his child education. 95 days HCP No. 2637/2019, dated – 18.02.2020 6 Life convict No. 20221 Rathinam @ Rethinam S/o Rengasamy Life imprisonment u/s 302 IPC On 05.03.2020, the prisoner was sent on leave to take care of his wife and for making an arrangments for settling his debts. 95 days HCP No. 438/2020, dated – 28.02.2020 7 Life convict No. 20222 Panchanathan S/o Singaiya Devar Life imprisonment u/s 302 IPC On 05.03.2020, the prisoner was sent on leave to take care of his wife and for making necessary arrangements for settling his debts. 95 days HCP No. 439/2020, dated – 28.02.2020 8 Convict No. 6584 Raj Mohan S/o Chandra Mohan R.I for 10 years U/s 341 IPC On 07.03.2020, the prisoner was released on leave for the medical treatment of his son. 93 days HCP No. 335/2020, dated – 06.03.2020 9 life convict No. 8610 Manoharan S/o Rajalingam Imprisonment for life U/s 302 r/w 109 IPC On 22.03.2020, the prisoner was released on leave to take care of his ailing mother. 78 days HCP No. 338/2020 dated – 20.03.2020 10 Life convict No. 7493 Verrappan S/o Tirupathi Life imprisonment u/s 396 IPC On 7.03.2020, the prisoner was released on leave to take care his ailing wife. 93 days HCP No. 332/2020 dated – 05.03.2020 Central Prison. Coimbatore 11 Life convict No. 11286 Balasubramani S/o Duraisamy Life imprisonment u/s 376 IPC On 21.02.2020, the prisoner was sent on leave for medical treatment of his ailing mother. 108 days HCP No. 214/2020, dated – 20.02.2020 3. The learned Additional Public Prosecutor has submitted that there are only 11 Convicts on Parole and since an assurance has been given by the State that if the Prisoners, who are on Parole, are readmitted in the Prisons, they will be placed in a separate quarantined quarters to be provided by the State the order in respect of grant of Parole vide order dated 26.3.2020 and extension thereof by order dated 1.6.2020 may be recalled. 4. 4. Considering the Report of the Director General of Police and the assurance given for the quarantine arrangements, we are inclined to recall the relevant part of the order dated 26.3.2020 and 1.6.2020 passed by the co-ordinate Bench of this court. Accordingly, they are recalled and cancelled and the convicted persons should surrender before the Superintendent of the Prisons concerned on or before 15.6.2020. The Prisoners may be informed accordingly by the concerned Superintendent of the Prisons concerned. List again on 29.6.2020 for other aspects involved in the said suo motu Writ Petition.