Pachaiyammal v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2021 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Ms. Justice R.N.MANJULA in H.C.P.No. 82 of 2021 Pachaiyiammal .. Petitioner Vs 1.The State of Tamilnadu, Rep. by its Secretary to Government (Home), Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, O/o. District Collector and District Magistrate, Kallakurichi District, Kallakurichi.
3.The Superintendent, Central Prison, Cuddalore District.
4.The Superintendent of Police, O/o. Superintendent of Police, Kallakurichi District.
Kallakurichi.
5.The Inspector of Police, Prohibition Enforcement Wing, Tirukoilur, Kallakurichi District.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying to direct the respondents to grant emergency leave to the detenu by name Senthil to attend the 16th day function of his mother death ceremony on 04.06.2021 in H.C.P.No.82 of 2021 on the file of this Court.
For Petitioner :
Mr.S.Saravana Kumar For Respondents ..
Mr.R.Muniyapparaj Government Advocate (Criminal side)
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner is the wife of the detenu - Senthil. The present petition has been filed seeking emergency leave for the detenu on the premise that the 16th day ceremony of his mother is scheduled to be held on 04.06.2021.
2. Learned Government Advocate (Criminal Side), on instructions, submitted that factually the submission made to that effect is correct.
3. Considering the above, we are inclined to allow this petition by directing the respondents to release the detenu with escort so as to enable him to attend the 16th day ceremony of his mother scheduled to be held on 04.06.2021. The detenu will have to return to the prison at or before 12.00 noon on 06.06.2021. During the aforesaid two days period, the detenu will have to report before the Inspector of Police, Sankarapuram Police Station, Kallakurichi, daily at 5.00 p.m.
4. This miscellaneous petition is disposed of accordingly.
5. Taking note of the submission made by the learned counsel for the petitioner, Registry is directed to post the HCP for final hearing on 28.06.2021.
(M.M.S.,J.) (R.N.M.,J.) 03.06.2021 Index:Yes/No mmi/ssm Note to Registry : Issue Today
To 1.The Secretary to Government (Home), Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, O/o. District Collector and District Magistrate, Kallakurichi District, Kallakurichi.
3.The Superintendent, Central Prison, Cuddalore District.
4.The Superintendent of Police, O/o. Superintendent of Police, Kallakurichi District.
Kallakurichi.
5.The Inspector of Police, Prohibition Enforcement Wing, Tirukoilur, Kallakurichi District.
6.The Public Prosecutor, High Court, Madras.
M.M.SUNDRESH, J.
and R.N.MANJULA, J.
(mmi) in H.C.P.No. 82 of 2021 03.06.2021