Dr.M.Balasundaram v. State Of Tamil Nadu

In the High Court of Judicature at Madras Dated : 02.12.2015 Coram :

The Hon'ble Mr. Justice R. Sudhakar and The Hon'ble Mr. Justice T. Raja H.C.P. No: 3030 of 2015 Dr. M. Balasundaram No: 127-D, Ellai amman Koil Street Thiruvotriyur Chennai - 600 019.

... Petitioner -vs1. State of Tamil Nadu rep. by the Secretary Department of Home Prisons Fort St. George Chennai.

2. The Inspector General - Prison Tamil Nadu Prison Department Chennai Metropolitan Development Authority Tower II No:1, Gandhi Irwin Road Egmore, Chennai - 600 008.

3. The Superintendent of Central Prison Central Prison Phase - I Puzhal, Chennai - 600 066.

... Respondents .. .. ..

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to consider the

communication by the 3rd respondent dated 20.11.2015 in No: 4655/Tha.Ku.2/2015 and direct the respondent to grant parole for 10 days to B.Velmurugan (Life Convict No: 4655 - presently serving life sentence at Central Prison, Phase - I, Puzhal). For petitioner :: M/s. R. John Sathyan For respondents :: Mr. A.N. Thambidurai Additional Public Prosecutor .. .. ..

O R D E R

This habeas corpus petition is filed to consider the communication by the 3rd respondent dated 20.11.2015 in No: 4655/Tha.Ku.2/2015 and direct the respondent to grant parole for 10 days to B.Velmurugan (Life Convict No: 4655 - presently serving life sentence at Central Prison, Phase - I, Puzhal).

2. Petitioner, who is the father of the life convict, has filed the present petition seeking parole for ten days for his son to remain present at the 16th day ceremony of his mother. When this matter was taken up on 26.11.2015, this Court passed the following order : "5.

Accordingly, we pass the following order:- [a]The detenu, namely, B.Velmurugan, S/o Dr.M.Balasundaram, who is now confined in the Central Prison, Phase -I, Puzhal, Chennai, is

granted parole FROM 5.00 p.m. on 28.11.2015 to 5.00 p.m. on 30.11.2015 without escort.

[b]The Superintendent of Central Prison, Puzhal, Chennai, is hereby directed to pass appropriate orders releasing the detenu, granting parole as aforesaid for the purpose without escort.

[c]The Jail Authorities are directed to release the detenu, namely, B.Velmurugan, Son of Dr.M.Balasundaram, on production of this order. [d] The detenu shall report before the Inspector of Police, H-8 Thiruvotriyur Police Station on 29.11.2015 and 30.11.2015 by 10.00 a.m.

[e] It is made clear that the detenu should report back to the Central Prison, Phase-I, Puzhal, Chennai by 5.00 p.m. on 30.11.2015 without fail. [f] The detenu should also abide by the conditions to be imposed by the authorities concerned."

3. Today, it is reported by the learned Additional Public Prosecutor that the life convict had duly reported back to the Central Prizon, PhaseI, R. Sudhakar, J.

and T. Raja, J.

Puzhal, Chennai, on 30.11.2015 and thus, the order of this Court had been complied with.

4. Recording the said submission made by the learned Additional Public Prosecutor, this habeas corpus petition is closed as no further order is necessary. There shall be no order as to the costs. ( R.S.J. ) ( T.R.J. ) gp 02.12.2015 To

1. State of Tamil Nadu rep. by the Secretary Department of Home Prisons Fort St. George Chennai.

2. The Inspector General - Prison Tamil Nadu Prison Department Chennai Metropolitan Development Authority Tower II No:1, Gandhi Irwin Road Egmore, Chennai - 600 008.

3. The Superintendent of Central Prison Central Prison Phase - I Puzhal, Chennai - 600 066.

4. The Public Prosecutor High Court, Chennai.

H.C.P. No: 3030 of 2015