M.Jeyammal v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P. No. 822 of 2020 M. Jeyammal, aged 45 years W/o. Munusamy, No.20/36, Chinnaiya Reddy Street, TMP Nagar, Karumalaikkudal, Mettur, Salem District ... Petitioner / Daughter of the Detenue Vs.

1. State by: The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2. The State rep. By: The DGP & Inspector General of Prison, Gandhi Irvin Road, Egmore, Chennai 600 008.

3. The Superintendent of Prison, Central Prison, Coimbatore.

... Respondents PRAYER:

This Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus for a direction to the respondents to consider the representation dated 18.03.2020 and direct them to release the petitioner's father Mathaiyan, S/o. Munusamy, Life Convict, Ct. No. 74022, aged about 71 years, now confined in the Central Prison, Coimbatore, on ordinary leave for one month. For Petitioner : Mrs. S. Nadhiya 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.The petitioner is the daughter of the convict. Since the convict has been inside the jail for almost 33 years, this petition has been filed seeking one month leave to the convict to enable him to settle the property to his daughter and also to look after his ailing wife.

3.The Probationary Officer's letter dated 19.06.2020 also recommends for granting of leave to the convict. In view of the same and as the convict has already been released without escort, leave is granted to the convict without escort for one month commencing from 26.08.2020 to 24.09.2020. 4.Accordingly, the convict Mathaiyan, S/o. Munusamy, Life Convict, Ct. No. 74022, aged about 71 years, now confined in the Central Prison, Coimbatore, shall be released from the prison on 26.08.2020 @11.00 a.m., without escort and he shall surrender before the prison authorities at 5.00 p.m. on 24.09.2020. During the leave period, the convict shall report before Karumalaikoodal Police Station, weekly once on every Monday at 11.00 a.m. This petition is ordered accordingly. For Reporting Compliance, post the matter on 25.09.2020. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar kj To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The DGP & Inspector General of Prison, Gandhi Irvin Road, Egmore, Chennai 600 009.

3.The Superintendent of Prison, Central Prison, Coimbatore.

4.The Joint Secretary to Government Public (Law and order) Secretariat, Fort. St. George Chennai 9.

5.The Public Prosecutor High Court, Chennai.

H.C.P. No. 822 of 2020 LN(CO) SP(31/08/2020)