P.Bharathi (F/24) v. The State Represented By Its

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.1997 of 2017 P.Bharathi ... Petitioner -Vs1. The State rep.by its The Secretary to Government of Tamil Nadu Department of Home, Fort St.George, Chennai - 600 009

2. The Additional Director General of Prison C.M.D.A. Towers, Egmore, Chennai -600 008

3. The Superintendent, Central Prison, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to grant ordinary leave for 20 days to the detenu, Kozhi @ Prakash S/o. Sathyamoorty, aged about 28 years, life Convict No.19114, detained at Central Prison, For Petitioner :

Mr. R.Narayanan 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 grant of leave qua the detenu, i.e. Kozhi @ Prakash for a period of twenty (20) days.

4. The petitioner is the wife of the detenu, i.e., Kozhi @ Prakash, who is the life convict.

4.1. It is averred that the detenu has been in prison for the past three (3) years.

4.2. Leave is sought on account of death of the father of detenu.

5. We are told that father of the detenu expired on 24.10.2017.

6. Learned Additional Public Prosecutor says that he has no objection, if the leave is granted for a period of twenty

(20) days beginning from today having regard to the purpose for which leave is sought.

7. Accordingly, we direct grant of leave to the detenu for a period of twenty (20) days commencing from today. 7.1. The detenu, i.e. Kozhi @ Prakash, son of late Sathyamoorty, shall be given leave for the period spanning between 25.10.2017 and 13.11.2017. The detenu will surrender on 13.11.2017, at 5.00 p.m, at the concerned police station (Race course Police station, Coimbatore).

8. The respondents will provide requisite police protection.

9. A copy of this order will also be transmitted by the Registrar General of this Court, via Fax, to the Superintendent, Central Prison, Coimbatore, where the detenu is presently incarcerated.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ga To:

1. The Secretary to Government of Tamil Nadu Department of Home, Fort St.George, Chennai - 600 009

2. The Additional Director General of Prison C.M.D.A. Towers, Egmore, Chennai -600 008

3. The Superintendent, Central Prison,

4. The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

5. The Inspector of Police, Race Course Police Station,

6. The Public Prosecutor, Madras High Court, Madras +1cc to Mr.r.Narayanan, Advocate, S.R.No.75419 H.C.P.No.1997 of 2017 RJ(CO) CA(25/10/2017)