Madras High CourtHCP/494/2020allowed as prayed for

Mathew v. The State Of Tamilnadu

2020-03-04Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.No.494 of 2020 Mathew, Male aged 29 years, S/o.Sekar, No.1, Mannady Amman Koil Street, Ermaiyur, Chennai 44.

... Petitioner/Detenue -vs1.The State of Tamil Nadu, Represented by its Secretary, Home Department, Fort St. George, Secretariat, Chennai.

2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai 04.

3.The Additional Director General of Police (Prisons), C.M.T.A.Tower II, No.1, Gandhi Irvin Road, Egmore, Chennai.

4.The Superintendent of Police, Office of the Superintendent of Police, Kancheepuram.

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

6.The Inspector of Police, Somamangalam Police Station, Kancheepuram District.

7.The Inspector of Police, Kundrathur Police Station, Chennai.

... Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondents herein to provide Strong Escort while transporting the detenu Mathew, Male Aged 29 years son of Sekar who is confined at Central Prison, Puzhal II, Chennai from Prison to appear before various Courts Tambaram, Chengalpattu, Kancheepuram and Sriperumbatur. For Petitioner :Mr.S.Senthilvel For Respondents :Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J.) Though Mr.R.Prathap Kumar, learned Additional Public Prosecutor would question the maintainability, without going into the issue of maintainability, this Court passes the following order:

2.The petitioner who is said to have 7 cases under Section 302 of IPC to his credit has come before this Court for a direction to the respondents to provide Strong Escort while transporting him, who is confined at Central Prison, Puzhal II, Chennai from Prison to appear before various Courts at Tambaram, Chengalpattu, Kancheepuram and Sriperumbatur. 3.Heard Mr.S.Senthilvel, learned counsel appearing on behalf of the petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor.

4.It is submitted by Mr.R.Prathap Kumar, learned Additional Public Prosecutor that whenever the petitioner is transported to other Courts, as usual, police protection is given to him, like other convicts.

5.Recording the said submission, this petition is allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sai

To 1.The Secretary to Govt., Home Department, Fort St. George, Secretariat, Chennai.