Ramani v. The Superintendent Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.05.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY H.C.P.No.938 of 2019 Ramani .... Petitioner -vsThe Superintendent of Prison Central Prison, Cuddalore .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondent to consider the representation of the petitioner dated 10.05.2019 to grant emergency leave for a period of 8 days from 19.05.2019 to 26.05.2019 to petitioner's husband convict prisoner Haridoss, S/o Masilamani, aged 65 years on humane consideration, now confined at Central Prison, Cuddalore, to secure the ends of justice.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.R.Prathap Kumar, Additional Public Prosecutor

O R D E R

(Order of the Court was made by C.V.KARTHIKEYAN, J.) Petitioner is the wife of Haridoss, S/o Masilamani, aged 65 years, who was convicted for the offences under Section 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 in S.C.No.27 of 2014 on the file of the Special Court for Prevention of Corruption Act Cases, Villupuram, and was sentenced to undergo 5 years Rigorous Imprisonment by a Judgment dated 21.03.2019. It is stated that the convict's son is Elamparithi is getting married on 23.05.2019 and a representation dated 10.05.2019 was made to the authorities, to permit the said convict Haridoss to avail emergency leave for a period of eight days from 19.05.2019 onwards. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned Additional Public Prosecutor, who states that he has also verified the same and that the marriage is scheduled to take place on 23.05.2019.

3. On Consideration of the facts of the case, this Court is of the view that the detenu may be granted Leave.

4. In the circumstances, the H.C.P. is allowed and we grant LEAVE for a period of seven days commencing from 19.05.2019 (Sunday) at 5.30.p.m. till 5.00 p.m on 25.05.2019 (Sunday) to the petitioner's husband/detenu viz., Haridoss, S/o.Masilamani, aged 65 years, who is now confined in the Central Prison, Cuddalore. The Jail Authorities, during the period of LEAVE, shall provide proper escort to the detenu in order to ensure the safety and security of the detenu. They shall also impose suitable conditions to that effect. The detenu should also abide by the conditions to be imposed by the authorities concerned.

s/d- Assistant Registrar(V.O) True Copy Sub-Assistant Registrar kst To 1.The Superintendent of Prison Central Prison, Cuddalore

2. The Public Prosecutor High Court, Madras 104.

+1 CC to Mr.R.Sankarasubbu, Advocate sr 43684. HCP No.938 of 2019 SP(16/05/2019) https://hcservices.ecourts.gov.in/hcservices/