10-day parole for murder accused to attend child’s naming ceremony

A division bench comprising Justice S Vimala and Justice S Ramathilagam, said, “When the detenue’s wife had delivered a child, it is a natural expectation of any wife that her husband should come and see the child and if permission is refused at the crucial time, it would result in denial of pleasure and discipline cannot be enforced in the jail.” 

“Therefore, considering the human rights of the detenue, his wife as well as in the interest of the child, we hereby grant parole to the detenue Babu, for a period of 10 days.” 

The habeas corpus petition was moved by the detenue’s father seeking parole for his son, who is in custody in connection with a murder case. Interestingly, when the state raised an objection regarding maintainability of the writ petition as no representation had been made to the jail authorities, the bench observed, “The wife of the accused had earlier sought for the release of her husband claiming that his presence is needed at the time of delivery. But the authorities have not even chosen to send a reply.” 

“Therefore, it can be presumed that the present petition is a continuation of the earlier representation. Therefore, the contention that this habeas corpus petition is not maintainable cannot be accepted,” the bench said.