Prabhakaran, Aged 23 Years, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2018

CORAM:

THE HON'BLE Dr. JUSTICE S.VIMALA AND THE HON'BLE MRS. JUSTICE S.RAMATHILAGAM Habeas Corpus Petition No.1180 of 2018 Prabhakaran . . Petitioner / Son of the detenue versus

1. The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai 600 009

2. The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008

3. The Superintendent of Prison, Central Prison for Men (Convict Block - 2), Puzhal, Chennai

4. The Inspector of Police, K-6 T.P.Chatram Police Station, Chennai ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a direction to direct the respondents herein to grant leave for three days (23.06.2018 to 25.06.2018) to the petitioner's father, detenue, Vettri @ Vetrriselvan, Son of Arumugam, aged about 48 years, under judicial custody and detained at Central Prison, Puzhal, Chennai.

For Petitioner : Mr. R.C.Paul Kanagaraj For Respondents : Mr. R.Prathap Kumar, APP.,

O R D E R

(Order of the Court was made by S.Vimala, J.,) This Habeas Corpus Petition has been filed by the petitioner (son of the detenue) seeking leave for three days to his father, Vettri @ Vetrriselvan, Son of Arumugam, aged about 48 years, who is under judicial custody and detained at Central Prison, Puzhal, Chennai.

2. Heard both sides.

3. In the supporting affidavit filed in support of this petition, it is stated that before the confirmation of the sentence by the appellate court, the marriage arrangements for the petitioner's sister were made and the engagement function is due to be conducted on 24.06.2018. In support of the same, engagement invitation is also printed. The fact that there is an engagement function to the petitioner's sister on 24.06.2018 is not under dispute.

4. In such circumstances, the detenue is granted leave for three days, commencing from 22.06.2018, 05.00 pm and shall surrender before the jail authorities at 05.00 pm on 25.06.2018.

5. Accordingly, this petition is disposed of, and the detenue, Vettri @ Vetrriselvan, Son of Arumugam, aged about 48 years, is permitted to go on leave for a period of three days, i.e. from 22.06.2018, 05.00 pm to 25.06.2018, 05.00 pm. Till such time, the sentence remains suspended and the respondents are directed to release the detenue, on 22.06.2018, 05.00 pm till 25.06.2018, 05.00 pm, subject to the condition that the respondents shall follow all the usual procedures and safeguarding measures in accordance with the Prison Manual. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar srk To

1. The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai 600 009

2. The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008

3. The Superintendent of Prison, Central Prison for Men (Convict Block - 2), Puzhal, Chennai

4. The Inspector of Police, K-6 T.P.Chatram Police Station, Chennai

5. The Superintendent of Prisons, Central Prison, Puzhal, Chennai.

6. The Public Prosecutor, High Court, Madras. +1cc to Mr.R.C.Paul Kanagaraj, Advocate, S.R.No.38932 H.C.P.No.1180 of 2018 RJI(CO) SM(21/06/2018)