Kuppammal v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2020 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P. No.1496 of 2020 Kuppammal, Female aged 53 years, W/o. Valliyappan, Thiruvalluvar Nagar, Nellikuppam motor, Mugantharayapuram Post, Walaja Taluk, Vellore District. ... Petitioner / Mother of the Detenue Vs.
1. The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Secretariat, St. George Fort, Chennai - 600 009.
2. The Additional D.G.P./I.G. of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3. The Superintendent of Prison, Central Prison, Vellore.
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus directing the respondents to grant parole or emergency leave to the detenue V.Gopi,aged about 27 years S/o.Valliyappan, (CP No.11796), now confined in Central Prison, Vellore in pursuant to the petitioner's representation dated 24.08.2020 for a period of 30 days without Police escort.
For Petitioner : Ms.S.Senthilvel 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.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
3.This petition has been filed by the petitioner seeking leave for her son V.Gopi, who has been convicted for life. 4.It is contended by the petitioner that one of her sons namely, V.Mohanarangam, the brother of the convict, is getting married on 04.09.2020.
5.Since the Probationary Officer's report also confirms that the marriage is going to be celebrated on 04.09.2020, this Court is inclined to grant one week leave to the convict V.Gopi, without any escort till 10.09.2020.
6.Accordingly, the convict V.Gopi, male, S/o.Valliyappan, (CP No.11796), now confined in Central Prison, Vellore, shall be released from the prison forthwith without escort and he shall surrender before the prison authorities at 5.00 P.M. on 10.09.2020. This petition is allowed with the above said direction.
7.This Court has got some doubt with regard to the signature of the petitioner as to whether she has signed it or somebody signed on her behalf viz., Kuppammal. Therefore, the respondent police shall get the signature of the petitioner Kuppammal and produce it before this Court for comparing the same with the signature available in the affidavit filed in support of this petition.
8.For verification of signature and for reporting compliance, call the matter on 11.09.2020.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To
1. The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Secretariat, St. George Fort, Chennai - 600 009.
2. The Additional D.G.P./I.G. of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3. The Superintendent of Prison, Central Prison, Vellore.
4. The Public Prosecutor High Court, Chennai.
5. The Inspector of POlice, Mugantharayapuram Police Station, Walaja Taluk, Vellore District(for obtaining the signature of petitioner) Copy To The Section Officer, Criminal Section, High Court, Madras.
H.C.P. No.1496 of 2020 CA(CO) KKV/04/09/2020