Munni v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.733 of 2020 Munni, Female, aged 50 years W/o.Harun Basha 14-4/87, Thirumal street-4 Coimbatore District Coimbatore-641001.

.. Petitioner/Wife of the detenue Vs The State represented by its 1.The Secretary to Government of Tamil Nadu Department of Home Fort St. George Chennai-600 009.

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

3.The Superintendent Central Prison Coimbatore.

.. Respondents 1/6

PRAYER : Petition filed under Article 226 of the Constitution of India praying for a issuance of Writ of Habeaus Corpus directing the respondents to grant two months leave without escort to the detenue, Harun Basha, S/o.Magbool Sahib, confined at Central Prison, Coimbatore.

For Petitioner : Ms.Lakshmi for Mr.R.Narayanan For Respondents : Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.KIRUBAKARAN.J.,) The matter is heard through "Video Conferencing". 2.This petition has been filed seeking leave for two months to the petitioner's husband, who has been in life imprisonment for the past twenty years, on medical grounds.

3.Heard the learned counsel appearing for the petitioner as well as the learned 2/6

Additional Public Prosecutor appearing for the respondents. 4.The medical report filed before this Court would reveal that the detenue is suffering from COPD-Acute infecetive Exacebration Shin Corpulmonale and therefore, he requires treatment. In view of the above, this Court is inclined to grant 21 days leave to the detenue from 24.07.2020 to 13.08.2020. Accordingly, the detenu namely, Harun Basha, S/o.Magbool Sahib, confined at Central Prison, Coimbatore, shall be released from the prison on 24.07.2020 with escort. The Jail Authorities, during the said period, shall provide proper escort to the detenue without demanding any charges for the escort, in order to ensure his safety and security.

They shall also impose suitable conditions to that effect and the detenue should also abide by the conditions to be imposed by the authorities concerned. The detenue shall surrender before the prison authorities at 5.00 p.m. on 13.08.2020. Accordingly, this petition is allowed. For Reporting Compliance, post the matter on 14.08.2020. (N.K.K.,J.) (V.M.V.,J.) 23.07.

Note:Issue order copy by today i.e. on 23.07.2020 4/6

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 CMDA Towers Egmore, Chennai-600 008.

3.The Superintendent Central Prison Coimbatore.

4.The Public Prosecutor High Court, Chennai.

5/6

N.KIRUBAKARAN, J.

AND V.M.VELUMANI, J.

kj H.C.P.No.733 of 2020 Dated:23.07.2020 6/6