D.Ramya v. The State Of Tamilnadu Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.1566 of 2020 Mrs.D.Ramya ... Petitioner/Wife of the detenu Vs

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

2. The Additional Director General of Police (Prison), Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore - 607 004.

4. The Superintendent of Police, Cuddalore District, Cuddalore.

5. The Inspector of Police, Neyveli Police Station, Cuddalore District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus directing the 3rd respondent herein to grant one month leave to the petitioner's husband Mr.Dhanakanthan, son of Mr.Dhakshnamoorthy, convict prisoner (CT No.15248), aged about 40 years, confined in Central Prison, Cuddalore for taking care of his mother's health by considering the petitioner's representation dated 02.09.2020.

For Petitioner : Mr.R.Chakkaravarthy.

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 wife of the convict viz., Mr.Dhanakanthan, son of Mr.Dhakshnamoorthy, convict prisoner (CT No.15248), aged about 40 years, seeking one month leave for the purpose of giving treatment to the convict's mother who is indisposed.

3.Heard Mr.R.Chakkaravarthy, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. 4.The report of the Inspector of Police, Neyveli Township Police Station, Cuddalore District dated 12.09.2020 reveals that the convict's mother viz., Thaiyalnayagi has been admitted in JIPMER Hospital in Ward No.11 and she has been given treatment. In view of the above fact, this Court is inclined to grant 14 days leave to the detenu.

5.Accordingly, the convict viz., Mr.Dhanakanthan, son of Mr.Dhakshnamoorthy, convict prisoner (CT No.15248), aged about 40 years, confined in Central Prison, Cuddalore is directed to be released on 15.09.2020 at 11.00 A.M. without police escort and the Convict is directed to surrender before the prison authorities on 28.09.2020 at 05.00 P.M. During the said leave period, the convict shall report before the fifth respondent every monday at 11.00 A.M.

6.Accordingly, this Petition is ordered. Post the matter for reporting compliance on 29.09.2020.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary, Home Department, Fort St.George, Chennai 600 009.

2.The Additional Director General of Police (Prison), Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Cuddalore Central Prison, Cuddalore - 607 004.

4.The Superintendent of Police, Cuddalore District, Cuddalore.

5.The Inspector of Police, Neyveli Police Station, Cuddalore District.

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

7.The joint Secretary Public (law and order) Secretary, Chennai 600 009.

H.C.P.No.1566 of 2020 CP(CO) SP(15/09/2020)