The court quashed an unsustainable condition hindering a convict's release under lawful circumstances.

JUDGMENT

The prayers in this Writ Petition (Criminal) filed under Article 226 of the Constitution of India are as follows:

“i. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the 3rd Respondent to lift condition no. C in Exhibit P1 whereby the release of the petitioner’s son is restricted when any of the co-accused are already out on ordinary parole ii. To grant any such other and further relief as this Hon’ble court may deem fit in the facts and circumstances of the case so as to meet the ends of justice .

iii. To dispense with the production of English Translation of vernacular documents in the writ . petition ”

2. The petitioner is the father of a convict. The petitioner’s son by name Sumesh B. (Convict No.87/2022), is undergoing imprisonment in S.C. No. 897/2015 on the file of the Additional Sessions Court – III, Palakkad at the Central Prison and Correctional Home, Thavanur. The convict has been granted ordinary leave as per Ext.P1 order. It is submitted that due to condition No.(c) in Ext.P1 order, the petitioner is not in a position to come out of the prison. As per condition No.(c) in Ext.P1 order, no co- convict shall remain out of prison on leave, when the petitioner's son is released. The grievance of the petitioner is that, in view of condition No.(c) in Ext. P1 order, the convict is unable to enjoy the fruits of the ordinary leave.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Having regard to the circumstances brought out, I feel that condition No.(c) in Ext. P1 is unsustainable.

The Writ Petition is allowed as follows:

“Condition No.(c) in Ext.P1 stands quashed.

The competent authority shall release the petitioner as per Ext.P1 order, if he complies with the other conditions in the order.”

Sd K.BABU, JUDGE