Ayisha Parven v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.1206 of 2020 Ayisha Parven, (aged 39 years), W/o. Mohamed Jakir, No.21, Old No. 14/2, Samayapurathamman Kovil Street, Seven Wells P.S., Chennai 600 001.

.. Petitioner/ Wife of the Detenu Vs.

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Vellore Range, Vellore -2.

3.The Superintendent of Prison, Central Prison, Vellore-2 .. Respondents PRAYER: This petition is filed under Article 226 of the Constitution of India for issuance of Writ of Habeas Corpus directing the respondents to grant 30 days ordinary by considering the representation dated 02.07.2020 to the petitioner's husband Mohamed Jakir, S/o. Muthu Mohamed, aged 51 years, Convict Prisoner, No. 14681, Confined in Central Prison, Vellore for his medical treatment.

For Petitioner : Mrs. S. Nadhiya For Respondents: Mrs. M. Prabhavathi Additional Public Prosecutor 1/3

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 by the wife of the convict seeking ordinary leave for treatment of varicose to the detenu.

3. Heard the parties and perused the materials available on record.

4. The medical report filed by the prison authority would show that the convict is suffering only from Diabetes Mellitus with Diabetic Neuropathy and he is not suffering from any varicose. It is also stated in the said report that appropriate treatment is being given in the prison hospital itself. Therefore, this Court is not inclined to grant leave to the detenu.

5. In the above said circumstances, this Habeas Corpus Petition is dismissed.

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

2.The Deputy Inspector General of Prison, Vellore Range, Vellore -2.

3.The Superintendent of Prison, Central Prison, Vellore -2.

4.The Public Prosecutor High Court, Chennai.

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Copy to The Section Officer Criminal Section High Court Madras H.C.P. No. 1206 of 2020 ks(co) aa11/09/2020 3/3