Jasmine, v. The State Rep. By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 10.07.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM H.C.P. NO. 942 OF 2018 Jasmine W/o.Babu @ Majjid .. Petitioner/ (W/o of the Detenue) - Vs -

1. The State rep. By its Secretary to Government of T.N.

Department of Home Fort St. George, Chennai - 9.

2. The Addl. Director General of Prison CMDA Towers, Egmore Chennai 600 008.

3. The Superintendent Central Prison, Kovai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus directing the respondents to grant leave for 30 days to the detenu, Babu @ Majjid, S/o Yusuf, Convict No.17147, detained at Central Prison, Kovai.

For Petitioner : Mr. Dr. S.Manoharan for Mr.R.Narayanan For Respondents : Mr. R.Prathap Kumar, APP

ORDER

(DELIVERED BY DR. S.VIMALA, J.) The order of parole granted to the detenu for 7 days in the day time alone is under challenge in this present petition.

2. Learned counsel appearing for the petitioner produced the order dated 9.10.2013 passed in HCP No.775 of 2013, wherein a

similarly placed life convict has been granted three weeks time leave for the purpose of admission of his son in school. It is submitted that the case of the detenu also falls on the same lines and, therefore, his case may also be considered for leave.

3. This Court heard the learned Addl. Public Prosecutor on the above contentions.

4. A perusal of the Jail Manual reveals that a life convict could be released for making arrangement for admission of the children and since the request of the petitioner, wife of the detenu, is also the same, this Court is of the view that considering the petitioner's request would meet the ends of justice.

5. Accordingly, we are inclined to pass the following order :- i) The 1st respondent is directed to release the life convict, Babu @ Majjid, S/o Yusuf, Convict No.17147 confined in Central Prison, Kovai, on ordinary leave for a period of 3 weeks commencing from (*)21.07.2018 for the purpose of admission of his child in a school;

ii) It is made clear that the said detenu shall be brought back to the Central Prison, Kovai, on (*)12.08.2018;

iii) The respondents are directed to follow the procedures prescribed in the prison manual for ensuring the safety and providing necessary security and escort facilities to the detenu during the period of leave.

6. This habeas corpus petition is allowed with the aforesaid directions.

Sd/- Assistant Registrar(CO) (DATED 20.07.2018) (*)CORRECTED AS PER ORDER OF THIS COURT TO BEING MENTIONED DATED 24.07.2018 IN HCP.942 OF 2018 Sd/- Assistant Registrar(CO) (DATED 10.07.2018) //True Copy// Sub Assistant Registrar GLN

To

1. The Secretary to Government of T.N.

Department of Home Fort St. George, Chennai - 9.

TO BE SUBSTITUTED TO THE ORDER ALREADY DESPATCHED ON

2. The Addl. Director General of Prison 20.07.2018 CMDA Towers, Egmore Chennai 600 008.

3. The Superintendent Central Prison, Kovai.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Narayanan, Advocate, S.R.No.44739(49288) H.C.P. NO.942 OF 2018 VGI(CO) CS/20/07/18 TR(26/07/2018)