Senthamarai v. The Home Secretary Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN in H.C.P.No.720 of 2020 Mrs.Senthamarai ... Petitioner Vs 1.The Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director General of Prison and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Salem Central Prison, Hasthampatty, Salem District.

4.The Superintendent of Prison, Central Prison (Puzhal - I), Puzhal - 600 066.

... Respondents 1/4

PRAYER : Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code, 1973 praying to direct the respondent to extend one month leave from 11.09.2020 in H.C.P.No.720 of 2020 to the detenu / Convict namely C.Senthil @ Yoga Senthil S/o.Late Chinnasamy gounder (CT No-4787). For Petitioner : Mr.M.Mohamed Saifulla.

For Respondents : Mr. R. Prathap Kumar, Additional Public Prosecutor.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". 2.This Petition has been filed by the sister of the convict viz., C.Senthil @ Yoga Senthil S/o.Late Chinnasamy gounder to direct the respondent to extend one month leave from 11.09.2020 in H.C.P.No.720 of 2020. 3.Heard Mr.M.Mohamed Saifulla, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents.

2/4

4.Taking into consideration of the health condition of the petitioner's mother as alleged by the convict is found to be not good and the same has also been confirmed by the learned Additional Public Prosecutor and since the convict is the only son of his mother and he has to give treatment to his mother, this Court is inclined to extend the leave for a period of two weeks so as to enable him to admit his mother in the hospital and give proper treatment. 5.The leave already granted by this Court in H.C.P.No.720 of 2020 dated 20.08.2020, is extended till 26.09.2020. The Convict shall surrender before the Prison authorities on 26.09.2020 at 05.00 P.M. The Convict shall also comply with the earlier conditions imposed by this Court. 6.Accordingly, this Petition is ordered. Post the matter for reporting compliance on 28.09.2020.

(N.K.K.,J.) (P.V.,J.) 10.09.2020 ay Index: Yes/No 3/4

Internet: Yes/No Note: Issue order copy today i.e., on 11.09.2020. N.KIRUBAKARAN, J.

AND P.VELMURUGAN, J.

ay To 1.The Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director General of Prison and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

in H.C.P.No.720 of 2020 3.The Superintendent of Prison, Salem Central Prison, Hasthampatty, Salem District.

4.The Superintendent of Prison, Central Prison (Puzhal - I), Puzhal - 600 066.

5.The Public Prosecutor, High Court of Madras, Chennai.

Dated:10.09.2020 4/4