D.Ashok Kumar v. The State Represented By Tis

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. 1409 of 2020 D. Ashok Kumar, M/A. 29 years, S/o. Devaraj, No.124/1, Gandhi Nagar, Kannakuruchi, Salem District -8.

..Petitioner / Son 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 Deputy Inspector General of Prison, Coimbatore Zone, (Central Prison), Coimbatore.

3. The Superintendent, Central Prison, Coimbatore.

..Respondents PRAYER: Criminal Miscellaneous Petition filed under Article 226 of the Constitution of India, directing the respondents to grant ordinary leave for one month without escort to the detenu, Devaraj, aged about 62 years, S/o. Arumugam, Convict No. 8445 at Central Prison, Coimbatore.

For Petitioner : Mr. S. Pandiyan 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 son of the convict has filed this petition seeking one month leave for his father, as his mother viz., D. Shanthi, aged about 53 years is having heart problem and the blood supply to her heart is getting reduced. Therefore, she is terminally ill.

3. Heard Mr.S.Pandiyan, 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 31.08.2020, which confirms the contention made by the learned counsel appearing on behalf 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., Devaraj, aged about 62 years, S/o. Arumugam, Convict No. 8445 at Central Prison, Coimbatore, 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 5.00P.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/- Assistant Registrar(CS III)MDU //True Copy// Sub Assistant Registrar gsa To

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

2. The Deputy Inspector General of Prison, Coimbatore Zone, (Central Prison), Coimbatore.

3. The Superintendent, Central Prison, Coimbatore.

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

H.C.P. No. 1409 of 2020 KKV/03/09/2020