A.Rizana Banu, Aged 29 Years v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 16.07.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM H.C.P. NO. 568 OF 2018 A.Rizana Banu .. Petitioner - Vs -

1. The State rep. By its The Secretary to Government of Tamilnadu, 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, Kovai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus directing the respondents to grant leave for 30 days to the detenu, Amanullah, S/o. Khaja Hussain, Convict No.6580, detained at Central Prison, Kovai.

For Petitioner : Mr. Dr. S.Manoharan For Respondents: Mr. R.Prathap Kumar, APP

ORDER

(DELIVERED BY DR. S.VIMALA, J.) This Habeas Corpus Petition has been filed by the wife of the detenu seeking direction to the respondents to grant leave for 30 days to her husband, Amanullah, S/o. Khaja Hussain, Convict No.6580, detained at Central Prison, Kovai.

2. The petitioner/wife of the detenu gave a representation dated 07.03.2018 to the respondent seeking grant of leave for 30 days to her husband stating that as her elder son Mohammed Faahim is now aged 5 years and he has to be admitted in the school and therefore, the presence of the detenu is necessary. https://hcservices.ecourts.gov.in/hcservices/

3. It is submitted by the learned Additional Public Prosecutor that the Government has considered the request of the petitioner and granted leave to the detenu for 10 days, including staying at night.

4.Under such circumstances, since leave of 10 days has already been granted by the respondents, this Court is of the opinion that no further orders are necessary in this petition. However, liberty is given to the detenu to press his claim for further leave, if he is not able to complete the work.

5. With the above observation, habeas corpus petition is closed.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ia/ogy To

1. The Secretary to Government of T.N.

Department of Home Fort St. George, Chennai - 9.

2. The Addl. Director General of Prison CMDA Towers, Egmore Chennai 600 008.

3. The Superintendent Central Prison, Kovai.

+1 CC to Mr. Dr. S.Manoharan, Advocate sr 46447. H.C.P. NO.568 of 2018 SSI(CO) GSP(10/08/2018) https://hcservices.ecourts.gov.in/hcservices/