Govindammal v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P. No.1424 of 2020 Govindammal, 46 years, W/o. P. Raja, Bommadasapatti, Krishnagiri, Krishnagiri District.

... Petitioner / Wife of the Detenu Vs.

1.The State of Tamil Nadu, Rep. By its Secretary, Department of Home, Fort St. George, Chennai 600 009.

2.The Additional Director General of Prisons, Egmore, Chennai 600 008.

3.The Superintendent of Central Prison, Vellore, Vellore District.

... Respondents 1/6

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PRAYER: This Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, to direct the 1st respondent to grant one month leave to the petitioner's husband P. Raja, son of Perumal, lifer, now confined at Central Prison, Vellore, by invoking Rule 42 of the Tamil Nadu Suspension of Sentence Rules 1982.

For Petitioner : Mr. R. Sankarasubbu 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 of the convict has filed this petition, seeking leave for her husband to attend the marriage of their son to be celebrated on 31.08.2020.

3. Heard Mr. R. Sankarasubbu, learned Counsel appearing on behalf of the petitioner and Mrs. M. Prabhavathi, learned Additional Public Prosecutor who takes notice on behalf of the respondents.

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4. It is confirmed by the learned Additional Public Prosecutor that the marriage of the petitioner's son is to be celebrated on 31.08.2020. Taking into consideration the said fact, this Court is inclined to grant leave to the convict for a period of 15 days commencing from 26.08.2020 to 09.09.2020 and the convict viz., P. Raja, son of Perumal, now confined at Central Prison, Vellore, shall be released from the prison on 26.08.2020 at 11.00 a.m, without escort and he shall surrender before the prison authorities at 5.00 P.M. on 09.09.2020. During the leave period, the convict shall report before jurisdictional Police Station, once in a week at 10.30 A.M. This petition is ordered with the above said direction. Call the matter on 10.09.2020, for reporting compliance. (N.K.K.,J.) (V.M.V.,J.) 24.08.2020 gsa Note : Issue order copy by today (24.08.2020). 4/6

N.KIRUBAKARAN, J.

AND V.M.VELUMANI, J.

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

2.The Additional Director General of Prisons, Egmore, Chennai 600 008.

3.The Superintendent of Central Prison, Vellore, Vellore District.

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

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Dated : 24.08.2020 6/6