S.Kavitha v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.1218 of 2020 S.Kavitha (aged 40 years), W/o.Samidurai, No.72, Nadupprapu Village, Nadukkompai, Senthamangalam Taluk, Namakkal District.

.. Petitioner / Wife of the detenu Vs.

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

2.The Superintendent of Prison, Central Prison, Coimbatore.

.. Respondents PRAYER: This petition is filed under Article 226 of the Constitution of India for issuance of Writ of Habeas Corpus directing the respondent to grant 30 days ordinary leave by considering the representation dated 22.06.2020 to Petitioner's husband Samidurai, S/o.Muthappa Udayar, Convict no-11385, Convict Prisoner, now confined in the Central Prison, Coimbatore for daughter's marriage arrangement.

For Petitioner : Ms.S.Nadhiya 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.The wife has filed this petition seeking leave of 30 days to the convict for arranging marriage of her daughter, who is 26 years old.

3.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

4.It is not denied by the prosecution that the petitioner has got 26 years old daughter and she is a B.E. graduate. Usually, it is the intention of the parents to arrange for marriage especially for the daughter, who has crossed 25 years. 5.Taking into consideration the reasons stated in para-4 of the affidavit, this Court is inclined to grant leave for a period of 30 days to the detenu to arrange marriage for his daughter, commencing from 15.08.2020 to 13.09.2020. 6.Accordingly, the detenu viz., Samidurai, S/o.Muthappa Udayar, Convict No.11385, now confined in the Central Prison, Coimbatore, shall be released from the prison on 15.08.2020 @ 11.00 A.M., without escort and he shall surrender before the prison authorities at 5.00 P.M. on 13.09.2020.

During the leave period, the convict shall report before the concerned jurisdictional Police Station, once in a week at 11.00 a.m. This petition is ordered with the above said direction. For reporting compliance, call the matter on 14.09.2020. s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Director General of Police & I.G. of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Coimbatore.

3.The Public Prosecutor High Court, Chennai.

4.The Section officer Criminal section High Court, Madras 104.

(To be listed on 14/09/2020) H.C.P.No.1218 of 2020 AK(CO) SP(19/08/2020)