Shakila v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR. JUSTICE C.SARAVANAN and W.M.P.No.13856/2023 Shakila ... Petitioner -Vs- The State represented by its, 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector of General of Prison, Central Prison, Salem - 636 007.

3.The Superintendent, Central Prison, Salem - 636 007.

...Respondents

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Prayer: Writ Petition filed under Section 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus directing the respondents to grant leave for 40 days without escort to the detenu, R.Manoharan, S/o.Rajalingam aged about 53 years life convict prisoner, bearing Convict No.8610 detained at Central Prison, Salem. For Petitioner : Mr.S.Lakshmi For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by A.D.JAGADISH CHANDIRA,J.,] (1)Mr.R.Muniyappa Raj, learned Additional Public Prosecutor accepts notice on behalf of the respondents.

(2)The above writ petition is filed by the petitioner, wife of the detenu, namely R.Manoharan, S/o.Rajalingam aged about 53 years, life convict prisoner, bearing Convict No.8610, detained at Central Prison, Salem, seeking direction to the respondents to grant leave for 40 days to her husband without escort.

(3)The learned Additional Public Prosecutor submitted that the detenu has already been granted ten days leave with escort vide order of this Court 2/5

dated 10.02.2023 made in WP.No.2761/2023 ; however, the detenu has not chosen to avail the said leave and now, the wife of the detenu has come up with the present petition seeking leave for 40 days without escort. He would further submit that the respondent police has no objection if the detenu is ready to avail the benefit of the earlier order granting ten days leave to him with escort.

(4)In view of the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition stands dismissed giving liberty to the detenu to avail the benefit of the order dated 10.02.2023 made in WP.No.2761/2023. [ADJCJ] [CSNJ] 04.05.2023 Internet: Yes AP 3/5

To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector of General of Prison, Central Prison, Salem - 636 007.

3.The Superintendent, Central Prison, Salem - 636 007.

4.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J.

and C.SARAVANAN, J.

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