Madras High CourtHCP/930/2019disposed of

A.Rizana Banu v. The Secretary To Government Of Tamil Nadu

2019-06-26Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.930 of 2019 A.Rizana Banu ..

Petitioner/wife to detenue Vs.

1.The State represented by, The Secretary to Government of Tamilnadu, 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 Superintendent of Prison, Central Prison, Coimbatore - 18.

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the respondents to grant leave for 30 days to the petitioner's husband, the detenue K.Amanullah, S/o.Kajahussain, convict No.6580 detained at Central Prison, Coimbatore. For Petitioner ..

Dr.S.Manoharan For Respondents..

Mr.C.Iyyapparaj, Additional Public Prosecutor

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner is the wife of the detenu/K.Amanullah S/o Kajahussain, Convict No.6580, now confined in Central Prison, Coimbatore, seeking ordinary leave for 30 days on the ground

that school admission is to be made for the younger son Mohammed Ahanaf, 31⁄2 years old, born out of the wedlock.

2. The learned Additional Public Prosecutor submitted that the convict has already availed 10 days leave.

3. Considering the facts and circumstances of the case, we are inclined to grant leave for a period of twenty days (20) to the detenu viz., K.Amanullah S/o Kajahussain, commencing from 01.07.2019 to 20.07.2019, subject to the usual conditions that can be imposed by the respondents. The detenu shall be released at 10.00 a.m. on 01.07.2019 and that the detenu shall return back to the prison at 05.00 p.m. on 20.07.2019. This Habeas Corpus Petition is disposed of accordingly.

4. Post this matter on 22.07.2019 for reporting compliance. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government of Tamilnadu, 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 Superintendent of Prison, Central Prison, Coimbatore - 18.

4.The Public Prosecutor, High Court, Madras-104.

5.The Section Officer, Criminal Section, High Court, Madras-104.

+1cc to Dr.S.Manoharan, Advocate sr.52636 H.C.P.No.930 of 2019 rsk(co) nr 28/06/2019