Perumal (32 Yrs) v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.6853 of 2017 Perumal

...Petitioner

-Vs- The State represented by

1. The Additional Director General of Police, (Head of the Prisons) C.M.D.A. Towers, Egmore, Chennai - 600 008

2. The Superintendent, Central Prison, Salem.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents to retain the petitioner, Perumal S/o. Raji C.T.No.7943, permanently at Central Prison, Salem.

For Petitioner : Mr.D.Mario Johnson For Respondents : Mr.P.Govindarajan Additional Public Prosecutor

O R D E R

Heard Mr.D.Mario Johson, the learned counsel appearing for the petitioner and Mr. P.Govindarajan, the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner who is a life convict and imprisoned in Central Prison, Cuddalore, has filed the present petition seeking for a direction to retain him in Central Prison, Cuddalore itself, since he is physically challenged person and finds it difficult to travel Salem. In this connection, the mother of the petitioner has also given a representation to the second respondent with the similar request.

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3. I am of the view, that it is the second respondent who is the competent authority to consider such a request and it would be inappropriate for this Court to give a such direction to retain the petitioner in Central Prison, Cuddalore itself.

4. Hence, the second respondent is directed to consider the representation sent by the petitioner's mother on 16.02.2017 and pass orders on its own merits, in accordance with law, within a period of two weeks from the date of receipt of this order.

5. With these above observations, the Criminal Original Petition stands disposed of.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar dh/bsm To

1. The Additional Director General of Police, (Head of the Prisons) C.M.D.A. Towers, Egmore, Chennai - 600 008

2. The Superintendent, Central Prison, Salem.

3. The Additional Public Prosecutor, High Court, Madras.

CRL.O.P.No.6853 of 2017 SR(CO) VR(09/08/2017) https://hcservices.ecourts.gov.in/hcservices/