K. MALA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Government Advocate (Crl.Side) for R1 and R2.

(2.) According to the Petitioner, she is the wife of Convict Prisoner P.Kumar (No.2724) at Central Prison, Vellore. Her husband was convicted in a Criminal Case in Sessions Case No.5 of 2006, on the file of the Learned Principal District and Sessions Court, Vellore. In fact, a Criminal Appeal No.715 of 2016 was filed by her husband before this Court and this Court, by means of a judgement dated 11.01.2017 had partly allowed the Appeal. As a matter of fact, her husband was convicted by this Court in the Criminal Appeal in respect of an offence under Sec. 376 read with Sec. 511 of the Indian Penal Code, 1973 and was sentenced to undergo Rigorous Imprisonment for five years and also directed to pay a sum of Rs. 3 lakhs as compensation, in default, to undergo Rigorous Imprisonment for a period of three months.

(3.) The grievance of the Petitioner/wife is that her husband had undergone imprisonment at Central Prison, Vellore and her husband's father Poongavanam died four years ago. Now his mother, viz., Gnambal, aged about 70 years, is bedridden and she had not taken any food and that she may die at any moment. Added further, her husband is the elder son of Gnambal and he is only to take care of her.