Lavanya v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.6.2020
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA H.C.P.No.750 of 2020 Lavanya
...Petitioner
Vs
1. The Government of Tamil Nadu, rep.by its Secretary to Government, Home (Prison IV) Department, Fort St.George, Chennai-9.
2. The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, II Floor, Gandhi Irwin Road, Egmore, Chennai-8.
3. The Superintendent of Central Prison, Vellore-2.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents to grant leave to the detenu V.Senthil Kumar, Life Convict No.24027, now confined in the Central Prison, Vellore and to release him on 30 days' leave on the basis of petitioner's representation dated 03.5.2020.
For Petitioner : Mr.A.P.Sathyamoorthy For M/s.Nambiselvan For Respondents : Mrs.Prabhavathi Ram, APP
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM,J) We have heard Mr.A.P.Sathyamoorthy, learned counsel for the petitioner and Mrs.Prabhavathi Ram, learned Additional Public Prosecutor appearing for the respondents.
2. This habeas corpus petition has been filed by the petitioner - wife of the detenu by name V.Senthilkumar, who is now serving the life sentence after having been convicted under Section 302 read with Section 34 and Sections 201 and 392 of the Indian Penal Code by the Principal District and Sessions Court, Tiruvannamalai vide SC.No.126 of 2006 by judgment dated 17.12.2007 as confirmed by this Court vide judgment dated 30.4.2019 in Crl.A.No.89 of 2008 and by the Hon'ble Supreme Court. On the earlier occasion, the petitioner's husband was on parole granted by this Court and now the petitioner seeks parole to her husband for a period of 30 days to enable him to raise finance for changing the school of their children. The petitioner's husband is in prison for over 9 years and it appears that he does not have any bad antecedents. Considering the present situation, we are inclined to dispose of this petition by granting leave to the detenu till 13.7.2020.
3. Accordingly, the above habeas corpus petition is disposed of by granting leave to the detenue V.Senthilkumar, life convict No.24027 now confined in the Central Prison, Vellore till 13/07/2020. The detenu shall report before the Kilkodungalur Police Station, Thiruvannamalai everyday at 05.00 pm till 12/07/2020. It is made clear that he shall report before the Central Prison, Vellore on 13/07/2020 at 5.00 pm.* RS/CG 12/06/2020 This matter having been listed on Wednesday, the Seventeenth day June Two Thousand Twenty for Being mentioned in pursuence of the order of the court dated 12/06/2020 and more herein in the presence of Mr.A.P.SATHYAMOORTHY, Advocate for the petitioner and M/s.M.PRABAVATHI, Additional Public Prosecutor for the respondents this court made the following order. Sd/- Assistant Registrar(CO) Dt:15/06/2020 Amended as per order of this court dated 12/06/2020 and made in HCP No.750 of 2020 //True Copy// Sd/- Assistant Registrar(CO) Dt:19/06/2020 Sub Assistant Registrar
To
1. The Secretary to Government of Tamil Nadu, Home (Prison IV) Department, Fort St.George, Chennai-9.
2. The Additional Director General of Prisons, To be substituted to Thalamuthu Natarajan Maaligai, the order Already II Floor, Gandhi Irwin Road, despatched on Egmore, Chennai-8. 18/06/2020.Issue Fresh Amended order copy Dt: 17/06/2020
3. The Superintendent of Central Prison, Vellore-2.
4. The Public Prosecutor, High Court, Madras.
H.C.P.No.750 of 2020 SSI(CO) KKV/15/06/2020 KKV/19/06/2020