Madras High CourtHCP/1042/2020disposed of

S.Divya v. The Principal Secretary To Government

2020-06-24Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1042 of 2020 S.Divya ... Petitioner/Wife of the Detenue -vs1.The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Secretariat, St. George Fort, Chennai - 600 009.

2.The Addl. D.G.P./I.G. Of Prisons, CMDA Towers II, No.1, Gandhi Erwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus to direct the respondents to grant parole or emergency leave to the detenu Suresh (a) Munikutti, aged about 38 Years, S/o. Mr.Ramasamy, (CP No. 7456), now confined in Central Prison, Puzhal pursuant to the petitioner's representation dated 12.06.2020 for a period of 10 days without police escort.

For Petitioner : Mr.V.Vargees Amal Raja For Respondents : Ms.M.Prabhavathi, Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] This habeas corpus petition has been filed by the wife of the detenu seeking parole on the premise that the detenu has to attend his father's ceremony.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. Learned Additional Public Prosecutor, on instructions, submitted that it is true that the father of the detenu died recently and the ceremony is going to be conducted.

4. In view of the above, we are inclined to grant three days leave to the detenu. Accordingly, the detenu is granted three days leave from 25.06.2020 to 27.06.2020 without escort. The detenu shall be released at 10.00 a.m. on 25.06.2020 and he shall return back to the prison on 27.06.2020 at 5.00 p.m. The detenu will have to report before the Inspector of Police, J5 Shastri Nagar Police Station, Chennai daily at 5.00 p.m. during the aforesaid leave period.

5. With the above direction, the Habeas Corpus Petition stands disposed of.

Post the matter 'for reporting compliance' on 29.06.2020. Sd/- Assistant Registrar (CS IV) //True Copy// Sub Assistant Registrar raa/mmi/ssm To 1.The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Secretariat, St. George Fort, Chennai - 600 009.

2.The Addl. D.G.P./I.G. Of Prisons, CMDA Towers II, No.1, Gandhi Erwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Inspector of Police, J5, Shastri Nagar Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

H.C.P. No. 1042 of 2020 GJ(CO) GN(24/06/2020)