Ranganathan v. The State Rep.By Its
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 Crl.M.P.No.4151 of 2020 in HCP.No.214 of 2020 Ranganathan
...Petitioner
Vs The State represented by its:- 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-9.
2.The Deputy Inspector of General of Prison, Kovai Zone, Central Prison, Coimbatore, Coimbatore-641018.
3.The Superintendent, Central Prison,
...Respondents
Prayer in HCP : PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents to grant ordinary leave for one month to the detenu Balasubramaniyam, S/O Duraisamy, aged about 57 years.
Prayer in Crl.M.P. : PETITION seeking a direction to the respondents to extend the leave for three months from 01.9.2020 to the detenu Balasubramani, aged about 57 years S/O Duraisamy, convict prisoner No.11286 detained at the Central Prison, Kovai. For Petitioner :
Mr.S.Manoharan For State :
Ms.Prabhavathi Ram, APP
ORDER
Order of the Court was made by T.S.SIVAGNANAM,J We have heard Mr.S.Manoharan, learned counsel for the petitioner and Ms.Prabhavathi Ram, learned Additional Public
Prosecutor appearing for the State.
2. This petition has been filed by the petitioner - brother of the detenu seeking to extend the leave granted to the detenu, who has been convicted and sentenced to undergo life imprisonment vide S.C.No.31 of 2006 on the file of the Sessions Judge, Mahalir Needhimandram, Coimbatore.
3. The detenu was admitted in the Coimbatore Government Hospital and was diagnosed as suffering from terminal illness and subsequently, he has been admitted in Kovai Medical Centre and Hospital, Coimbatore and has been diagnosed of carcinoma of prostate, stage IV. The medical condition of the detenu is not in dispute.
4. The detenue Mr.Balasubramani, S/o.Duraisamy, life convict No.11286 figured as Sl.No.11 in the order dated 08.06.2020 in Suo Motu Writ Petition No.7413 of 2020. In the said order, a direction was issued to the prisoners, who are on parole, to surrender before the Superintendent of Prison concerned on or before 15.06.2020. Considering the clinical condition of the detenu, we consider it appropriate to extend the leave to the detenue.
5. Accordingly, the above criminal miscellaneous petition is disposed of by extending the leave already granted to the petitioner's brother Mr.Balasubramani, aged about 57 years S/O Duraisamy, convict prisoner No.11286 till 31.7.2020 by making it clear that he shall surrender before the concerned Prison Authorities on 31.7.2020 at 5 PM.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar RS/gg To 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-9.
2.The Deputy Inspector of General of Prison, Kovai Zone, Central Prison, Coimbatore, Coimbatore-641018.
3.The Superintendent, Central Prison, 4.The Addl Public Porsecutor, High Court, Madras-104.
Copy to:
The Sessions Judge, Mahalir Needhimandram, Crl.M.P.No.4151 of 2020 In HCP.No.214 of 2020 NR(CO) CB(15/06/2020)