Suganya v. The Director General Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14436 of 2020 Suganya ... Petitioner .Vs.

1. The Director General of Prison, Tamil Nadu, CMDA Tower II, Gandhi Irwin Road, Egmore, Chennai-08.

2. The Jail Superintendent, Salem Central Prison (Under Trial), Salem-631 001.

... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the 2nd respondent herein to give additional police protection to petitioner's husband Thanigaivel @ Thaniga now confined in from central prison Salem pending trial during transfer from prison to court. For Petitioner : Mr.S.Krishnamoorthy For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent herein to give additional police protection to the petitioner's husband Thanigaivel @ Thaniga now confined in from central prison, Salem pending trial during transfer from prison to court.

2. The learned counsel for the petitioner submitted that the petitioner is the wife of the one Thaniga @ Thanigaivel. Now, he is confined at central prison, Salem and he is facing trial in Kanchipuram Magistrate Court as well as Sessions Court. There is a serious threat from the counter party to the life of the petitioner's husband and as such she sent a representation dated 04.08.2020 to the respondents 1 and 2 seeking strong escort while proceeding to the trial Court.

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3. The learned Additional Public Prosecutor submitted that the petitioner's husband is a habitual offender and he is remanded in Salem jail for 9 cases. Now, he is confined to central prison, Salem and he will be produced before the trial Court, Kanchipuram with strong escort. Since the petitioner was made crimes, and already provided with escort while attending the trial Court, there is no need to provide police protection to the petitioner.

4. Considering the facts and circumstances of the case, and also the fact that the petitioner's husband is confined at Central Prison, Salem, and already the husband of the petitioner was provided with strong escort while proceeding to the trial court by the concerned police, therefore, there is no need to provide additional police protection to the petitioner's husband. Hence, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Director General of Prison, Tamil Nadu, CMDA Tower II, Gandhi Irwin Road, Egmore, Chennai-08.

2. The Jail Superintendent, Salem Central Prison (Under Trial), Salem-631 001.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14436 of 2020 cp (co) rr ii (20/10/2020) https://hcservices.ecourts.gov.in/hcservices/