Thaiyalnayagi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 6/3/2020 C O R A M THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE R.HEMALATHA H.C.P.No.489 of 2020 Thaiyalnayagi ...
Petitioner Vs
1. The State of Tamil Nadu rep. By its Secretary Home Department Fort St. George Chennai 600 009.
2. The Additional Director General of Police (Prison) Egmore Chennai 600 008.
3. The Superintendent of Prison Cuddalore Central Prison Cuddalore 607 004.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the third respondent to grant one month parole to the petitioner's son Mr.Dhanakanthan, S/o. Mr.Dhakshnamoorthy, convict prisoner (CT No.15248) aged about 40 years, confined in Central Prison, Cuddalore for taking care of his health for post operative period by considering the representation dated 18/10/2019. For Petitioner :
Mr.R.Chakaravarthy For Respondents:
Mr.R.Prathap Kumar Additional Public Prosecutor
O R D E R
[Order of this Court was made by N.KIRUBAKARAN, J] Petitioner's son is a life convict and he has underwent surgery in spinal cord, after obtaining permission from this Court, in Pondicherry Institute of Medical Sciences. The present petition has been filed, seeking permission, for thirty days, to go for a review.
2. Heard Mr.R.Chakkaravarthy, learned counsel for the petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor for the respondents.
*"3. It is evident from the records that is discharge summary issued by Pondicherry Institute of Medical Sciences, dated 26.10.2019, petitioner's son had underwent C3-C6 posterior Cervical Laminectomy with lateral mass fixation and fusion under general anesthesia, on 03.10.2019. It is further evident from the discharge summary that the petitioner's son has to go for a review after six months. Since the surgery has been done in the month of October, it is appropriate to grant leave for a period of fifteen days, without Police escort, to the petitioner's son, viz., Mr.Dhanakanthan, S/o.
Mr.Dhakshinamoorthy, convict prisoner (CT No.15248) aged about 40 years, now confined in Central Prison, Cuddalore, commencing from 07.03.2020 to 21.03.2020. During the said period, the convict shall appear before Kurinjipadi Police Station, once in four days, at 11.00 a.m. It is made clear that the convict should surrender himself before Central Prison, Cuddalore, at 11.00 AM, on 22.03.2020, without fail.
4.With the above directions, Habeas Corpus Petition is closed."
Sd/- Assistant Registrar(CCC) Dated:06/03/2020 *Corrected order as per the order of this Court dated 09/03/2020 Sd/- Assistant Registrar (CS-VII) Dated:09/03/2020 //True Copy// Sub Assistant Registrar
To To be substituted the
1. The Secretary, State of Tamil Nadu order already despatched Home Department on 06/03/2020 Fort St. George Chennai 600 009.
2. The Additional Director General of Police (Prison) Egmore Chennai 600 008.
3. The Superintendent of Prison Cuddalore Central Prison Cuddalore 607 004.
4.
The Inspector of Police, Kurinjipadi Police station, Cuddalore District.
+1cc to M/s.R.Chakkaravarthy, Advocate *Sr.20495 H.C.P.No.489 of 2020 vd[co] srg 06/03/2020 srg 10/03/2020