Mrs.Ezhilarasi, v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.10.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1964 of 2017 Mrs.Ezhilarasi ... Petitioner Vs.

1.The Secretary to the Government, Home, Prohibition and Excise Department Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate Kancheepuram District 3.The Superintendent of Central Prison, Vellore, Vellore District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, seeking for a direction to the respondents to grant 7 days parole to the detenue Anandhan @ Aana, S/o.Osuran to attend the Death Ceremony of his father Osuran, died on 23.10.2017 and his death ceremony to be held on 23.10.2017 at 5.00 p.m., who is now confined at the Central Prison, Vellore, Vellore District.

For Petitioner : Mr.A.Saranraj For Respondents : Mr.V.M.R.Rajentran, Addl. Public Prosecutor.

O R D E R

(Order of the Court was made by RAJIV SHAKDER, J)

1. This petition is filed by the sister of the detenu, seeking seven days parole for the detenu, namely, Mr.Anandhan @ Aana, Son of Osuran, Male, aged about 29 years. The detenu has been detained by the second respondent by his order in B.C.D.F.G.I.S.S.S.V.No.85/2017 dated 19.09.2017, holding him to be a "Goonda", as contemplated under 2(f) of Tamil Nadu Act 14 of 1982.

2.This matter was mentioned in the morning on the ground of urgency. On mentioning, we directed the Registry to list the matter. In the meanwhile, we had asked the learned Additional Public Prosecutor to verify the averments made in the petition. 3.The petitioner, who is the sister of the detenu Mr.Anandhan @ Aana, seeks seven days parole for her brother on the ground that her father one Mr.Osuran has died. It is averred that Mr.Osuran died on 22.10.2017. Mr.V.M.R.Rajentran, learned Additional Public Prosecutor has confirmed this fact. 4.In the result, the Habeas Corpus Petition is allowed. As prayed, parole is granted to the detenu Mr.Anandhan @ Aana for a period of seven days from today. The detenu Mr.Anandhan @ Aana shall surrender himself at Sivakanchi Police Station on 30.10.2017 at 5.00 p.m. The respondents shall provide police escort during his parole. Looking at the urgency of the matter and the nature of the facts, this order will be communicated to the Jail Superintendent, Central Prison, Vellore, by the Registrar General of this Court via Fax.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar rm To 1.The Secretary to the Government, Home, Prohibition and Excise Department Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate Kancheepuram District 3.The Superintendent of Central Prison, Vellore, Vellore District.

4.The Public Prosecutor, Madras High Court, Chennai.

5. The Inspector of Police Siva Kanchi Police Station +1 CC to Mr.A. Saranraj, Advocate sr 74608.

H.C.P.No.1964 of 2017 SVI(CO) sp(23/10/2017)