SATHYA Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner is the wife of the life convict, viz., Seenu @ Srinivasan, who has been convicted under Section 302 r/w 34 IPC by the I Additional Sessions Judge, Thanjavur, vide judgment dated 01.12.2008 and confirmed subsequently by this Court in Crl.A.(MD) No.2/2009 vide judgment dated 04.09.2015. Now, the petitioner is before this Court with this Habeas Corpus Petition for granting 30 days leave to the life convict on medical grounds.

(2.) Learned counsel for the petitioner contended that the petitioner's husband is undergoing life sentence in Central Prison, Trichy for the last eight years. However, he has been suffering from severe brain stroke resulting in seizures from 16.10.2019. As his health condition was deteriorating day by day, he was taken to the Thanjavur Medical College Hospital on 26.10.2019 by the third respondent and he was admitted as inpatient and he was given treatment till 31.10.2019. He further contended that in spite of the treatment given, there is no improvement and the life convict has lost his speech, hence he was referred to M.K. Hospital, where the life convict was treated for a period of 30 days and a certificate was given stating that the life convict is in need of further treatment. With this certificate, the petitioner has preferred a representation dated 11.11.2019 to the respondent seeking an order granting 30 days parole to take medical treatment.

(3.) Learned Additional Public Prosecutor submitted that the petitioner's husband has already been granted ordinary leave and emergency leave for a considerable period of time and he was also given regular treatment in the Government Hospital and hence, opposed the grant of parole to the life convict.