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Parameshwaran v/s The Home Secretary (Prison),Secretariat, Chennai & Others


Company & Directors' Information:- AT HOME INDIA PRIVATE LIMITED [Active] CIN = U17211DL2001PTC112255

Company & Directors' Information:- V HOME PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109331

Company & Directors' Information:- G. P. HOME PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102MH2011PTC213056

    H.C.P.No. 708 of 2020

    Decided On, 15 May 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN & THE HONOURABLE MRS. JUSTICE R. HEMALATHA

    For the Petitioner: M. Mohammed Saifulla, Advocate. For the Respondents: R. Prathap Kumar, Additional Public Prosecutor.



Judgment Text


(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Habeas Corpus, directing the Respondents to grant one month leave without escort to the detenu namely P. Vasantha Kumar @ Vasanth S/o.Parameshwaran (LCT No-2452) now confined in Central Prison Puzhal – I in pursuant of the Petitioner's Email communication dated 14.04.2020 in the light of direction given by the Hon'ble Apex Court In Re: Contagion of Covid 19 Virus in Prisons (Suo Moto Writ Petition (Civil) No-01 of 2020).)

N. Kirubakaran, J.

The matter is heard through video-conferencing.

2. The petitioner has come before this Court seeking one month leave without escort to the detenu namely P. Vasantha Kumar @ Vasanth S/o.Parameshwaran (LCT No-2452) now confined in Central Prison Puzhal – I in pursuant of the Petitioner's E-mail communication dated 14.04.2020 in the light of direction given by the Hon'ble Apex Court In Re: Contagion of Covid 19 Virus in Prisons (Suo Moto Writ Petition (Civil) No-01 of 2020).

3. According to the learned counsel appearing on behalf of the petitioner as per the judgment of the Hon'ble Apex Court made in the case of State of Tamil Nadu v. Veerabhaarathy reported in 2019 (2) Scale 225, the petitioner's son has already underwent conviction imposed on him under ineligible section and if he undergone conviction for ineligible section he is entitled to be considered for parole. Therefore, the petitioner has given representation through email on 14.04.2020 to consider his son for parole in view of the direction given by the Hon'ble Apex Court In Re: Contagion of Covid 19 Virus in Prisons (Suo Moto Writ Petition (Civil) No-01 of 2020).

4. Heard Mr.M.Mohammed Saifulla, learned counsel appearing on behalf of the petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor.

5. On hearing the learned counsel, this Court is of the considered opinion that if the petitioner has already underwent conviction imposed on him under ineligible section, there should not be any impediment for the authorities to consider the petitioner's prayer for parole as per his email representation dated 14.04.2020, in the light of the judgment of the Hon'ble Apex Court made in the case of State of Tamil Nadu v. Veerabhaarathy reported in 2019 (2) Scale 225. Therefore, the respondents are directed to consider the represe

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ntation of the petitioner dated 14.04.2020 within a period of two weeks as per law and pass appropriate orders. 6. With the above direction, this Habeas Corpus Petition is disposed of. 7. For reporting compliance, post the matter after two weeks.
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