Chennai: Coming to the rescue of a life convict, a nonagenarian, who is moving towards his grave, the Madras high court has granted 30 days ordinary leave (parole) to him and directed the state government to consider his case for premature release on health ground.
Passing orders on a Habeas corpus petition filed by M.Sujatha, the grand daughter of the life convict Dasaraj, a division bench comprising Justices M.M.Sundresh and M.Nirmal Kumar directed the Registry to list this matter for further orders on July 26, 2019.
In her petition, Sujatha sought a direction to the authorities to consider her representation dated February 4, 2019 for the release of the convict prematurely.
Additional public prosecutor C.Iyyapparaj, on instructions, submitted that the medical board has already examined the convict and the file was now pending with the Vellore District Collector.
The bench said, “We are dealing with a case of very old man, who is moving towards his grave. By procedural wrangle, he may not be in a position to breathe free air. Thus, considering the peculiar facts and circumstances of the case, especially, the submissions of R. Sankarasubbu, counsel for the petitioner, which is not disputed by the Additional public prosecutor Iyyapparaj, though the convict had cross his 90 years age and he is not even able to walk or move, we are inclined to direct the authorities to grant ordinary leave for 30 days commencing from July 5, 2019 subject to the usual conditions that can be imposed bythem”.
The convict shall be released on July 5 and the convict shall return back to prison at 5 p.m. on August 3, 2019. The convict shall be accompanied by adequate escorts, the bench added.
The bench said in the meanwhile, “We direct the State Home Secretary to consider the case of the convict for premature release on health ground which is inclusive of ailment suffered by him based on the report of the medical board apart from reports from the District Collector and the Probation Officer. The said exercise shall be completed on or before July 26, 2019”.
