Kodila Muniraj v. The Principal Secretary To Government

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 H.C.P.No.1570 of 2020 Mrs.Kodila Muniraj ... Petitioner Vs 1.The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Secretariat, St.George Fort, Chennai - 600 009.

2.Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore.

3.Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Salem.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus directing the third respondent to grant parole or emergency leave to the detenu / the petitioner's husband Mr.Muniraj, Male, aged about 45 years, son of Mr.Mallan, now confined in Central Prison, Salem in pursuant to the petitioner's representation dated 03.09.2020 for a period of 10 days without police escort.

For Petitioner : Mr.V.Vargees Amal Raja.

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 remand prisoner viz., Mr.Muniraj, Male, aged about 45 years, son of

Mr.Mallan, seeking to grant parole for a period of 10 days without police escort pursuant to the petitioner's representation dated 03.09.2020.

3.Heard Mr.V.Vargees Amal Raja, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. 4.Taking into consideration of the fact that the remand prisoner's daughter had committed suicide and he was unable to attend funeral in view of the dismissal of his bail petition by the concerned District Court, it is appropriate to grant four days leave to the remand prisoner so as to enable him to attend the customary ritual ceremonies of his daughter. * "5.Accordingly, the prisoner viz., Mr.Muniraj, Male, aged about 45 years, son of Mr.Mallan, now confined in Central Prison, Salem is directed to be released forthwith with police escort and he is directed to brought back to prison on 15.09.2020 at 05.00 P.M. The Jail Authorities, during the said period, shall provide proper escort to the convict, in order to ensure his safety and security. They shall also impose suitable conditions to that effect and the convict should also abide by the conditions to be imposed by the authorities concerned.

6.Accordingly, this Petition is ordered. Post the matter for reporting compliance on 16.09.2020." Sd/- Assistant Registrar (CS-III) Dated: 11/09/2020 * Para 5 & 6 of the order dated 10/09/2020 deleted and para 5 & 6 of the order dated 11/09/2020 substituted as per order dated 11/09/2020.

Sd/- Assistant Registrar(CS III) Dated: 14/09/2020 //True Copy// Sub Assistant Registrar ay

To 1.The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Secretariat, St.George Fort, Chennai - 600 009.

2.Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore.

3.Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Salem.

4.The District Court, Salem.

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

H.C.P.No.1570 of 2020 BP(CO) GN(14/09/2020)