Durga Devi v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2020

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA H.C.P.No.774 of 2020 Durga Devi, W/o.Palanisamy ... Petitioner -vs1. The Government of Tamil Nadu, Rep., by its Secretary to Government, Home (Privson IV) Department, Fort St. George, Chennai-9.

2. The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai.

3. The Superintendent of Central Prison, Cuddalore.

... 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 detenue R.Palanisamy, Life Convict No.16133 now confined in Central prison, Cuddalore and to release him on 30 days leave on the basis of petitioner's representation dated 30.02.2020.

For Petitioner :

Mr.A.P.Sathiyamoorthy For Respondents :

Mrs.M.Prabhavathi, Additional Public Prosecutor

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J) Heard Mr.A.P.Sathiyamoorthy, learned counsel for the petitioner and Mrs.M.Prabhavathi, learned Additional Public Prosecutor appearing for the respondents.

2.Considering the facts of the case and also taking note that the petitioner has already served his sentence in respect of the offence under Section 392 read with Section 397 IPC and has been granted Emergency Leave and Court Leave on 39 occasions, who has not come to adverse notice and also the reason that the petitioner has to arrange finance for paying the fees for his step-daughter to pursue her B.D.S. Course, we are inclined to grant Emergency Leave to the Life Convict till 17.07.2020 from 18.07.2020 and the convict shall surrender before the Dharapuram Jail at 05.00 pm on 17.07.2020. The Life Convict shall report before the Dharapuram Police Station twice in a week at 05.00 pm.

3.Accordingly, this HCP stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar abr/asr To

1. The Secretary to Government, The Government of Tamil Nadu, Home (Privson IV) Department, Fort St. George, Chennai-9.

2. The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai.

3. The Superintendent of Central Prison, Cuddalore.

4. The Public Prosecutor, Madras High Court.

5. The Inspector of Police, Dharapuram Police Station, Dharapuram.

H.C.P.No.774 of 2020 17.6.2020 VSN II (CO) KKV/18/06/2020