K.Pushpa v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI in H.C.P.No.2380 of 2019 K.Pushpa ... Petitioner Vs 1.State of Tamil Nadu, Rep., by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The Director General of Police & I.G.of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison - I, Puzhal, Chennai 600 066.

... Respondents PRAYER : Criminal Miscellaneous Petition filed under Article 226 of the Constitution of India praying for a direction, directing the respondents to consider 1/5

my representation dated 18.07.2020 and extend the ordinary leave for a period of 30 days from 27.07.2020 to 26.08.2020 to my husband Janardhanan S/o.Ananda Pothy, aged 61 years, convict prisoner, now taking treatment on leave in H.C.P.No.2380 of 2019 dated 22.01.2020.

For Petitioner : Mr.P.Pugalenthi.

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 was heard through "Video Conferencing". 2.This Petition has been filed to direct the respondents to consider the Petitioner's representation dated 18.07.2020 and extend the ordinary leave for a period of 30 days from 27.07.2020 to 26.08.2020 to the Petitioner's husband Janardhanan S/o.Ananda Pothy, aged 61 years, convict prisoner who is now taking treatment.

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3.Heard Mr.P.Pugalenthi, learned Counsel appearing for the Petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents.

4.Taking into consideration that the convict prisoner is suffering from paralytic stroke and bedridden and is continuously on leave, this Court is of the view that it would be just and appropriate to extend the leave already granted to the Petitioner's husband.

5.Accordingly, leave already extended by this Court on 13.07.2020 in H.C.P.No.2380 of 2019 is extended till 23.08.2020. The detenu shall surrender before the prison authorities on 23.08.2020 at 5.00 P.M. For reporting compliance, call the matter on 24.08.2020. (N.K.K.,J.) (V.M.V.,J.) 24.07.2020 ay Index: Yes/No Internet: Yes/No 3/5

Note: Issue order copy today i.e., on 24.07.2020. N.KIRUBAKARAN, J.

AND V.M.VELUMANI, J.

ay To 1.State of Tamil Nadu, Rep., by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The Director General of Police & I.G.of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

in H.C.P.No.2380 of 2019 3.The Superintendent of Prison, Central Prison - I, Puzhal, Chennai 600 066.

4.The Public Prosecutor, High Court of Madras, Chennai.

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Dated:24.07.2020 5/5