This Criminal Original Petition has been filed to direct the respondents to grant ordinary leave for 40 days to the petitioner / detenu, namely, Chakkarai @ Chakkaravarthy, s/o.Elumalai, aged about 37 years, Convict No.436 detained at Central Prison, Salem.
2. The case of the petitioner is that the petitioner was convicted and sentenced to undergo life imprisonment by the judgment of the learned Fast Track Court II, Salem in S.C.No.5 of 2006 dated 07.02.2007 and subsequently, he has preferred an appeal in Crl.A.No.271 of 2007 and on 16.06.2009, this Court has confirmed the conviction passed by the Court below. The petitioner is having two children, viz., a boy studying 6th Standard and a girl studying 4th Standard. He would further submit that the petitioner's wife being a lady, is unable to arrange money for school admission and other necessary needs and she is unable to maintain two children and therefore, she has decided to sent his son to the hostel to join in 6th Standard to continue his studies. In order to admit his son in hostel to continue his studies, the petitioner's presence is required for admission in the hostel and hence, he seeks a direction to the respondents to grant ordinary leave for 40 days to the petitioner, viz. Chakkarai @ Chakkaravarthy, S/o.Elumalai, aged about 37 years, Convict No.436 now detained at Central Prison, Salem. He also submits that the petitioner has followed all the prison rules as well as the parole conditions granted earlier.
3. Heard Mr.S.Manoharan, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the records.
4. In similar circumstances, the Division Bench of this Court has passed an order in HCP No.775 of 2013 dated 09.10.2013 permitted the petitioner therein for parole.
5. In view of the order passed by the Division Bench of this Court as stated supra, this Court is inclined to pass the following order:
(a) The Life Convict, namely, Chakkarai @ Chakkaravarthy, who is now confined in the Central Prison, Salem, is granted leave for a period of fifteen days, ie., from 10.00 a.m. On 03.07.2017 till 6.00 p.m., on 17.07.2017;
(b) The Superintendent of Prison, Central Prison, Salem, the third respondent herein is hereby directed to pass appropriate orders releasing the life convict, granting him fifteen days leave for the aforesaid purpose, as stated above;
(c) The jail authorities are directed to release the life convict, namely,Chakkarai @ Chakkaravarthy, on production of this order;
(d) It is made clear that the life convict should be brought back to the Central Prison, Salem, by 6.00 p.m., on 17.07.2017, without fail;
R.MAHADEVAN, J.
Kal
(e) The jail authorities during the period of leave, shall provide proper escort to the life convict in order to ensure the safety and security of the life convict. They shall also impose suitable conditions to that effect; and
(f) The life convict should also abide by the conditions to be imposed by the authorities concerned.
6. The Criminal Original Petition is ordered accordingly.
Index : Yes/No 30.06.2017 Internet : Yes/No kal To
1. The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai-600 009.
2. The Additional Director General of Prison, CMDA Towers, Egmore, Chennai-600 008.
3. The Superintendent, Central Prison, Salem.
4. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.No.12177 of 2017