Megala v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl. M.P. No. 4478 of 2020 in H.C.P. No. 588 of 2020 Tmt. Megala, (F/40 years), W/o. Mr. Kumar @ Thoppulan Kumar, No.6, L.G.N. Road, Border Thottam, Anna Salai, Chennai 600 002.

.. Petitioner / Petitioner Vs.

The State of Tamil Nadu rep. By 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, St.George Fort, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 003.

.. Respondents/Respondents PRAYER: This petition is filed under Section 226 of the Criminal Procedure Code to extend the period of parole granted in H.C.P. No. 588/2020 by order dated 15.06.2020 till the disposal of the above Habeas Corpus Petition.

HCP Prayer:Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the records in detention order passed in No.97/BCDFGISSSV/2020 dated 17.02.2020 on the file of the 2nd Respondent herein and set aside the same and direct the respondents to produce the detenue i.e. the body of Thiru. Kumar @ Thoppulan Kumar, S/o.Durai now confined in the Central Prison, Puzhal, Chennai before this Honble court and set him at liberty forthwith.

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For Petitioner : Mr. M. Anandaraj 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. This Petition has been filed to extend the period of parole already granted by this Court vide order dated 15.06.2020 in H.C.P. No.588 of 2020 till the disposal of the Habeas Corpus Petition, on the ground that the detenu's wife is undergoing dialysis.

3. Heard Mr.M.Anandaraj, learned counsel appearing for the petitioner and Mrs. M.Prabhavathi learned Additional Public Prosecutor appearing on behalf of the respondents.

4. It is seen from the records that it is the second extension petition and the detenu has been in parole for more than a month. Earlier also, he has been granted parole for the purpose of attending his son's marriage.

5. In view of the above circumstances, the detenu cannot be endlessly let outside. Therefore, this Court is not inclined to extend the period of parole granted to the detenu. Accordingly, this petition is dismissed.

-s/d- Assistant Registrar True copy Sub-Assistant Registrar gsa To, 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

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2.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 003.

3.The Superintendent of Prison, Central Prison, Puzhal Chennai 4.The Public Prosecutor, High Court, Madras.

copy to The Section Officer Criminal Section High Court Madras-104 Crl. M.P. No. 4478 of 2020 in H.C.P. No. 588 of 2020 aa29/07/2020 3/3