IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2020

CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

AND

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

H.C.P.No.1526 of 2020

P.Vanjitha

... Petitioner

Vs

1.The Additional Director General of Prison,

Thaalamuthu Natrajan Malligai,

Gandhi Erwin Salai,

Egmore, Chennai.

2.The Superintendent of Prison,

The Central prison,

Vellore.

3.The Inspector of Police,

Anaicut Police Station,

Vellore District.

(Crime No.96 of 2016)

... Respondents

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.

For Petitioner : Mr.M.R.Thangavel.

For Respondents: Mr. R. Prathap Kumar,

Additional Public Prosecutor.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,)

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.

https://hcservices.ecourts.gov.in/hcservices/

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.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.

Sd/-

Assistant Registrar(CS)

//True Copy//

Sub Assistant Registrar

https://hcservices.ecourts.gov.in/hcservices/

ay

To

1.The Additional Director General of Prison,

Thaalamuthu Natrajan Malligai,

Gandhi Erwin Salai,

Egmore, Chennai.

2.The Superintendent of Prison,

The Central prison,

Vellore.

3.The Inspector of Police,

Anaicut Police Station,

Vellore District.

(Crime No.96 of 2016)

4.The Public Prosecutor,

H