C.Nirmala, Aged 46 Years, v. The Deputy Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.03.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T. SELVAM AND THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR HCP.No.538 of 2018 and Crl.M.P.No.4369 of 2018 C.Nirmala W/o.G.Mathivanan ..

Petitioner

Versus

1.The Deputy Inspector General of Prison, Prison Department, Gandhi Irwin Road, Egmore, Chennai-8.

2.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

3.The Inspector of Police, Vigilance and Anti-Corruption, Chennai City - I Department, Chennai-28.

.. Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondent to produce the body of the detenue Mr.G.Mathivanan, Ward No.Quarantine-2,

(Conviction No.6939) aged about 52 years, before this Court and order to release him on parole from 16.03.2018 to 19.03.2018 based on the petitioner's representation dated 16.03.2018. For Petitioner :

Mr.S.Ilamvaludhi For Respondent :

Mr.R.Prathap Kumar, APP *****

O R D E R

[Order of the Court was made by C.T. SELVAM, J.

] This petition has been filed to produce the petitioner's husband Mr.G.Mathivanan (Ward No.Quarantine-2) (Convict No.6939), now confined at Central Prison, Puzhal and release him on parole from 16.03.2018 to 19.03.2018 based on the petitioner's representation dated 16.03.2018.

2. Learned Additional Public Prosecutor has been given the copy of the papers in H.C.P.No.538 of 2018 only at 10.30 a.m. today. On instructions, he submits that the fact of death of the detenue's brother, informed by the petitioner, is correct.

3. In the circumstances and upon consideration, we pass the following order:

[a] Respondent is directed to release the detenue/G.Mathivanan, Ward No.-Quarantine-2, convict prisoner

No.6939, on parole for a period of 3 days commencing from 16.03.2018.

[b] The Superintendent of Central Prison, Puzhal, Chennai, is hereby directed to pass appropriate orders releasing the detenu, granting him 3 days leave as aforesaid for the purpose. [c] The Jail Authorities are directed to release the detenu, namely, Mr.G.Mathivanan on production of this order. [d] It is made clear that the detenu shall surrender to the Central Prison, Puzhal, Chennai, by 10.00 a.m. on 20.03.2018 without fail.

[e] The detenu should also abide by the conditions to be imposed by the authorities concerned.

3. Post the Habeas Corpus Petition on 21.03.2018 for reporting compliance.

[C.T.S., J.] [N.S.K., J] 16.03.2018 NOTE : Issue order copy today.

rm

C.T.SELVAM, J.

AND N.SATHISH KUMAR, J.

rm To 1.The Superintendent of Police, Central Prison, Puzhal, Chennai - 600 066.

2.The Public Prosecutor High Court, Chennai.

HCP.No.538 of 2018 16.03.2018