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Madras High CourtHCP/1995/2017disposed of

R. Dhanam, v. The Home Secreatary To

2017-10-25Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P. No.1995 of 2017 R.Dhanam ... Petitioner -vs1. The Home Secretary to Government Secretariat, Fort St.George, Chennai - 600 009

2. The Deputy Inspector General of Prisons, Trichy Range, Trichy

3. The Superintendent of Prisons Central Prison, Trichy

4. The Inspector of Police, Thiruvarur Town Police Station Thiruvarur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to grant Parole to the petitioner's son Sudhan, Son of Late, Ramesh, aged 26 years for three days i.e. From 29.10.2017 to 31.10.2017 imprisoned in Central Prison, Trichy. For Petitioner :

Mrs. Greetha Senthilkumar For Respondents:

Mr. V.M.R.Rajentran Additional Public Prosecutor

O R D E R

[Order of the Court was made by RAJIV SHAKDHER, J.]

1. Issue notice. Mr.V.M.R.Rajentran, learned Additional Public Prosecutor, accepts notice on behalf of respondents.

2. By consent of counsel for the parties, the petition is taken up for hearing.

3. This is a petition seeking parole of the detenu, i.e. Sudhan for a period of three days, i.e., from 29.10.2017 to 31.10.2017.

4. The reason given in the petition for seeking parole for Mr. Sudhan is that his father, who is the husband of the petitioner, expired on 02.10.2017 and, since, certain ceremonies have to be performed, the detenu's participation would be necessary.

5. We are told that the detenu's father, passed away on 02.10.2017, while he was incarcerated in the Central Prison at Trichy.

6. Given the assertion made in the petition and having regard to the fact that the learned Additional Public Prosecutor does not object to the grant of leave for the period mentioned above, we are inclined to allow this petition. 6.1. Accordingly, the detenu, i.e.Sudhan, son of late Ramesh, is given leave for the period spanning between 29.10.2017 and 31.10.2017. The detenu/Mr.Sudhan will surrender on 31.10.2017 at 5.00 p.m, at the nearest police station.

7. The respondents will provide requisite police protection.

8. A copy of this order will also be transmitted by the Registrar General to the Superintendent, Central Prison, Trichy, where the detenu/ Sudhan is presently incarcerated. s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar ga To:

1.The Home Secretary to Government Secretariat, Fort St.George, Chennai - 600 009 2.The Deputy Inspector General of Prisons, Trichy Range, Trichy 3.The Superintendent of Prisons Central Prison, Trichy

4. The Inspector of Police, Thiruvarur Town Police Station Thiruvarur District

5. The Public Prosecutor, Madras High Court, Madras.

+1 CC to Greetha Senthilkumar, Advocate sr 75335. H.C.P.No.1995 of 2017 MSM(CO) SP(25/10/2017)