Karnataka High Court
Sri Chidambaram @ Jeeva vs The Director General Of Police on 15 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:14821
WP No. 10337 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 10337 OF 2024 (GM-POLICE)
BETWEEN:
SRI. CHIDAMBARAM @ JEEVA
S/O LATE SUBRAMANI
AGED ABOUT 28 YEARS
R/AT: NO.151, 8TH MAIN
9TH CROSS, CHANDRANAGAR
BENGALURU - 560 078
PRESENTLY SERVING SENTENCE
IN BENGALURU CENTRAL PRISON
(CTP NO. 11476)
...PETITIONER
(BY SRI. MONESH KUMAR K. B., ADVOCATE)
AND:
Digitally signed 1. THE DIRECTOR GENERAL OF POLICE
by NAGAVENI
Location: HIGH PRISONS AND CORRECTIONAL SERVICES
COURT OF SESHADRI ROAD, BENGALURU - 560 003.
KARNATAKA
2. THE CHIEF SUPERINTENDENT
CENTRAL PRISON, PARAPPANA AGRAHARA
BENGALURU - 560 100.
...RESPONDENTS
(BY SRI. K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT DTD 10.11.2023 VIDE NO.BCP/J3-
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NC: 2024:KHC:14821
WP No. 10337 of 2024
650/2023 ISSUED BY THE R-2 PRODUCED AS ANNX-C AND
ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - convict (CTP No.11476) - Chidambaram @ Jeeva, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to release him on emergency parole for a period of 30 days in terms of the Prison Manual, on account of his wife suffering from ailments and also seeks quashment of an endorsement dated 10.11.2023, issued by respondent No.2, rejecting his application seeking emergency parole.
2. Heard Sri Monesh Kumar K.B., learned counsel for the petitioner and Sri K.P.Yoganna, learned Additional Government Advocate for the respondents - State.
3. The petitioner is a convict, who is suffering life imprisonment for the offences under Sections 143, 147 and 302 of the IPC in S.C.No.1269/2013, in terms of the judgment of conviction dated 21.08.2019. The petitioner has been in prison for the last 4 years and 2 months as on 22.11.2023. The -3- NC: 2024:KHC:14821 WP No. 10337 of 2024 petitioner has been released once on emergency parole in the past and his conduct during the period of parole is good and in the prison has been satisfactory, in terms of the imprisonment certificate. There is no adverse remark indicated in the report or the imprisonment certificate. What has driven the petitioner to move the subject petition is the endorsement issued by respondent No.2 dated 10.11.2023, rejecting his application seeking emergency parole. The averment in the petition is that, the wife of the petitioner is suffering from health problems and need treatment. The petitioner is wanting to attend to his wife and be with the family and therefore, is seeking emergency parole for a period of 30 days.
4. Learned High Court Government Pleader does not object for grant of emergency parole to the petitioner but would submit that the petitioner has already availed emergency parole in the past.
5. In the light of the aforesaid fact and circumstance as projected by the petitioner, I deem it appropriate to grant emergency parole for a period of 30 days, which period -4- NC: 2024:KHC:14821 WP No. 10337 of 2024 commences from the forenoon of 18.04.2024 upto the evening of 17.05.2024.
6. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Chidambaram @ Jeeva, (CTP No.11476) on emergency parole from the forenoon of 18.04.2024, till the evening of 17.05.2024.
(iii) As a matter of form, the endorsement dated 10.11.2023, stands quashed.
(iv) The petitioner - convict (CTP No.11476) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.11476) would evade going back to the gaol, after the expiry of the period of emergency parole.
(v) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. -5-
NC: 2024:KHC:14821 WP No. 10337 of 2024
(vi) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
Sd/-
JUDGE NVJ List No.: 1 Sl No.: 60 CT:SS