Kokila v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P. No. 1380 of 2020 Kokila, F/A. 38 years, W/o. Saravanan, No.2/215A, Ponnagar, Mettur Anai, Salem 636 401.

.. Petitioner / wife of Detenue Vs.

The State represented by its:

1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai 600 009.

2.The Additional Director General of Prison, C.M.D.A Towers, Egmore, Chennai 600 008.

3.The Superintendent, Central Prison, Kovai.

.. Respondents PRAYER: Criminal Miscellaneous Petition filed under Article 226 of the Constitution of India, directing the respondents to grant leave for 30 days, the detenu, Saravanan S/o. Sundaram, aged about 42 years, Convict No. 7584, detained at Central Prison, Salem.

For Petitioner : Ms. S.G. Vedha Priyadharshini 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. The wife of the detenu has filed this petition seeking leave for the convict/husband, as his mother is terminally ill and affected with Diabetes and consequently she is unable to move out.

3. Heard Ms. S.G. Vedha Priyadharshini, learned counsel appearing on behalf of the petitioner as well as Mrs. M. Prabhavathi, learned Additional Public Prosecutor appearing on behalf of the respondents.

4. Considering the Probationary Officer's report dated 21.08.2020, which confirms the contention of the petitioner, this Court is inclined to grant 30 days leave to the convict commencing from 02.09.2020 to 01.10.2020 and the convict viz., Saravanan S/o. Sundaram, aged about 42 years, Convict No. 7584, detained at Central Prison, Salem, shall be released from the prison on 02.09.2020 at 11.00 a.m, without escort and he shall surrender before the prison authorities at 5.00 P.M. on 01.10.2020. During the leave period, the convict shall report before jurisdictional Police Station, on every Monday at about 11.00 a.m. Accordingly, this petition is ordered. Call the matter for reporting compliance on 05.10.2020. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gsa 2/3

To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai 600 009.

2.The Additional Director General of Prison, C.M.D.A Towers, Egmore, Chennai 600 008.

3.The Superintendent, Central Prison, Kovai.

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

copy to THe Section Officer Crl Section HighCourt Madras (for posting the matter on 05/10/2020 H.C.P. No. 1380 of 2020 aa03/09/2020 3/3