Ganesan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.1592 of 2020 Ganesan ... Petitioner/Brother of the Detenue Vs 1.The Secretary to Government of Tamil nadu, Department of Home, Fort St.George, Chennai - 600 009.

2.The Additional Director General of Prison, C.M.D.A.Towers, Egmore, Chennai - 600 008.

3.The Deputy Inspector of General Prison, Salem Zone, Central prison, 4.The Superintendent, 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 to the respondents to grant leave for 30 days without escort to the detenu, Manigandan, S/o.Iyothi, aged about 34 years, Convict No.8673, detained at Central Prison, Salem. For Petitioner : Mr.S.G.Vedha Priyadharshini. 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 brother of the

convict viz.,Manigandan, S/o.Iyothi, aged about 34 years, seeking parole for a period of 30 days without police escort. 3.Heard Mr.S.G.Vedha Priyadharshini, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. 4.Since the convict is the elder son of the family and he has to do the 16th ceremony in connection with the death of his father, this Court is inclined to grant leave to the detenu for a period of one week.

5.Accordingly, the convict viz., Manigandan, S/o.Iyothi, aged about 34 years, Convict No.8673, detained at Central Prison, Salem is directed to be released forthwith with police escort and the Convict is directed to be brought back to prison on 18.09.2020 at 05.00 P.M.

6.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. 7.Accordingly, this Petition is ordered. Post the matter for reporting compliance on 21.09.2020.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ay To 1.The Secretary to Government of Tamil nadu, Department of Home, Fort St.George, Chennai - 600 009.

2.The Additional Director General of Prison, C.M.D.A.Towers, Egmore, Chennai - 600 008.

3.The Deputy Inspector of General Prison, Salem Zone, Central prison,

4.The Superintendent, Central Prison,

5. The Joint Secretary to Government, Public (law & Order), Fort Saint George, Chennai 9 6.The Public Prosecutor, High Court of Madras, Chennai.

H.C.P.No.1592 of 2020 RLD(CO) GN(14/09/2020)