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S. Thangam v/s The Home Secretary Home Department 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. 1304 of 2020

    Decided On, 07 August 2020

    At, High Court of Judicature at Madras


    For the Petitioner: A. Saravanan, Advocate. For the Respondents: M. Prabhavathi, Additional Public Prosecutor.

Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, directing the respondents to grant parole for fifteen days to the petitioner’s son named Manikandan @ Kalaimani, son of Subash (Convicted Prisoner No.14935) aged 37 years, now confined in the Central Prison, Cuddalore, before this Court and further directing the respondents to consider him immediately for the parole and for consequential orders.)N. Kirubakaran, J.The matter is heard through “Video Conferencing”.2. The mother of the convict has filed this petition seeking 15 days of emergency leave for the convict to look after his daughter, who is suffering from epilepsy and also to look after the petitioner, who is age old mother of the convict.3. Heard Mr.A.Saravanan, learned counsel appearing for the petitioner as well as Ms.M.Prabhavathi, learned Additional Public Prosecutor appearing for the respondents.4. Earlier, the petitioner approached this Court seeking ordinary leave in H.C.P.No.968 of 2020 and this Court, by order dated 29.06.2020 dismissed the said petition, with a liberty to file a petition for emergency leave, quoting Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, by which persons who are convicted for the offences under Sections 392 to 402 IPC are not eligible to get ordinary leave. Hence, the present petition has been filed.5. The reason given in paragraph 5 of the affidavit filed in support of this petition is that after conviction, wife of the convict and one of the two female children died and what is left out is only one daughter, who is also said to have been suffering from epilepsy. The Probation Officer’s report also confirms the said disease. As a old lady, the petitioner may not be in a position to look after the suffering child and therefore, leave has to be given. Though she has sought for fifteen days of leave, considering the present situation of the petitioner, this Court is inclined to grant 21 days leave to look after the child. The relief sought for by the petitioner is granted in the above terms.6. Further, this Court is not convinced with the vires of Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules by which the convicts who have been convicted for the offences under Sections 392 to 402 IPC have been denied for ordinary leave. Once the conviction is slapped on the convicts, irrespective of the Sections, they are convicts and it does not make any difference. If at all there is any problem to the society or security threat to the convicts, it is the duty of the State to give appropriate protection or to take precautionary measures. Merely because they have been convicted under Sections 392 to 402 IPC, in the opinion of this Court, it may not be appropriate to deny ordinary leave to the said convicts. For example, in this case, after conviction, the wife and one of the child of the convict had died. Now the second daughter is also suffering from epilepsy. In these circumstances, this Court cannot always grant emergency leave alone and that is also restricted. Therefore, the first respondent have to answer as to how Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules is constitutionally valid, as it prima facie appears to discriminate the convicts based on the offences committed, in the matter of availing ordinary leave.7. Accordingly, the convict namely, Manikandan @ Kalaimani, son of Subash (Convicted Prisoner No.14935) aged 37 years,

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now confined in the Central Prison, Cuddalore, shall be released from the prison on 08.08.2020 without escort and he shall surrender before the prison authorities at 5.00 P.M. on 28.08.2020. During the leave period, the convict shall report before the local jurisdictional Police Station weekly once i.e., on every Monday at 10.30 a.m.Call the matter after four weeks for filing counter.