Alamelu (F/64 Yrs) v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.11.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2169 of 2017 Ms.Alamelu ... 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 - I, Puzhal, Chennai.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing respondents to retain the petitioner's son Hari @ Harikrishnan (O.J.C.T.No.1100) permanently at Central Prison - I, Puzhal, Chennai, to secure the ends of justice.

For Petitioner : Mr.Sankarasubbu for Mr.D.Mariojohnson 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. This is a petition to transfer the detenue/Mr.Hari @ Harikrishnan from Central Prison, Salem to Central Prison -I (Convict), Puzhal, Chennai.

2. Counter affidavit has been filed by the second respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner's son, the detenue/Mr.Hari @ Harikrishnan is permanently confined to Salem Central Prison (Convict). His brother is also confined in Central Prison-I (Convict), Puzhal.

2. Mr.Sankarasubbu, learned counsel appearing on behalf of the petitioner, on the previous occasion said that, the detenue was briefly kept in Central Prison-I (Convict) Puzhal between 27.09.2015 to 10.09.2016.

3. Based on this circumstance, Mr.Sankarasubbu says that the detenue should be permanently retained at Central Prison-I (Convict), Puzhal .

4. For the moment, this request cannot be entertained and this has to go by the assessment of the concerned authorities, who are dealing with the custody of the detenue/Mr.Hari @ Harikrishnan 4.1) The assessment of authorities is that, there is a possibility of an incident happening, if, the petitioner's request is acceded to, as the victim's brothers are, currently, confined in the Central Prison_I,(Convict), Puzhal, Chennai.

6. In these circumstances, the petition is closed. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar ggs/vrc 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 - I, Puzhal, Chennai.

3. The Public Prosecutor, High Court, Madras.

H.C.P.No.2169 of 2017 rr(co) nr 10/01/2018 https://hcservices.ecourts.gov.in/hcservices/