John Bosco v. The Secretary to Government

ORDER

M.S.RAMESH, J. AND N.SENTHILKUMAR

, J.

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the 2nd respondent to consider his representation dated 19.12.2024 and direct the 2nd respondent to grant parole leave for a period of one month to the petitioner's son viz. Suresh (PID No.547554) confined at Vellore Central Prison, Vellore, Tamilnadu.

¶2Learned counsel for the petitioner submitted that the petitioner is the father of the life convict, and he is a senior citizen working as coolie. The petitioner states that he is having a lung disease and the doctor has stated that the petitioner is having Chronic Obstructive Pulmonary Disease and advised him to take treatment as soon as possible to prevent him from danger. In this situation, the petitioner is not having any one to take him to the hospital and spend money for his treatment. Hence, a representation was sent to the 2nd respondent on 14.10.2024 seeking 30 days ordinary leave to his son, when the same was rejected, W.P.No.35498 of 2024 was filed to set aside the impugned order passed by the 3rd respondent. A fresh representation dated 19.12.2024 was given to the respondents on the advise of the Court, but the same is yet to be considered by the respondents. Hence, the present petition.

¶3Learned Additional Public Prosecutor submitted a report of the Probation Officer dated 12.02.2025, wherein the report states that there is no provision for 30 days leave in the Tamil Nadu Prison Manual Volume III, and the petitioner is eligible for 6-3-3-3 = 15 days emergency leave only. He has also stated that the convict prisoner is seeking leave for the first time and it can be granted to him as the reasons are genuine.

¶4In view of the recommendations given by the Probation Officer, this Court is inclined to direct the respondents to grant 10 days ordinary leave to the convict prisoner.

¶5This Writ Petition stands allowed. There shall be a direction to the respondents herein, to grant 10 days ordinary leave "without escort" to the life convict viz. Suresh, S/o. John Bosco, (PID No. 547554) commencing from 13.03.2025 to 22.03.2025, with a condition that the life convict shall report before the Jolarpet Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 23.03.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

¶6With the above direction, the Writ Petition stands allowed. No costs. [M.S.R, J.] [N.S, J.]

06.03.2025 kas Note: Issue Order Copy on 11.03.2025 To.

1.The Secretary to Government Home Department Secretariat Fort St. George Chennai 600 009

2.The Additional Director General of Police And Inspector General of Prisons Whannels Road, Egmore Chennai 600 008

3.The Superintendent of Prisons Vellore Central Prison Vellore, Tamil Nadu

4.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. kas

06.03.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.03.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR John Bosco ... Petitioner Vs. 1.The Secretary to Government Home Department Secretariat Fort St. George Chennai 600 009 2.The Additional Director General of Police And Inspector General of Prisons Whannels Road, Egmore Chennai 600 008 3.The Superintendent of Prisons Vellore Central Prison Vellore, Tamil Nadu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 2nd respondent to consider his representation dated 19.12.2024 and direct the 2nd respondent to grant parole leave for a period of one month to his son Mr.Suresh (PID No.547554) confined at Vellore Central Prison, Vellore, Tamilnadu. For Petitioner : Ms.S.Sujatha For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John