Raj Kiran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.06.2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M. NIRMAL KUMAR Habeas Corpus Petition No.1010 of 2019 Raj Kiran ... Petitioner -Versus1.State Rep. by The Additional Director General of Prison, Prison Department, Gandhi Irwin Road, Egmore, Chennai 600008.

2.The Superintendent of Prison, Central Prison, Puzhal-II, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 2nd respondent to grant leave for 1 (one) month to the detenue - Y.V.Nagaraj (Convict No.6707), Son of Y.Subba Rao, aged 59 years, now detained at Central Prison, Puzhal, Chennai and to release him on leave for one month for treatment of the wife of the detenue (petitioner's mother) and for making further arrangements for medical expenses by considering the petitioner's representation.

For Petitioner : Mr.Baskaran.L.

For Respondents : Mr.C.Iyyapparaj, APP for RR1 and 2

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the son of the convict, who has been convicted for rigorous imprisonment for ten years under the provisions of The Narcotic Drugs and Psychotropic Substances Act. The leave has been sought for on the premise that the wife of the convict is suffering from illness.

2. On instructions, the learned Additional Public Prosecutor submitted that it is the fact that the wife of the convict is having some illness.

https://hcservices.ecourts.gov.in/hcservices/

3. Considering the above, we are inclined to grant leave to the convict for 2 (Two) weeks from 28.06.2019 onwards subject to the usual conditions that can be imposed by the respondents. The convict shall be released from the prison at 10.00 a.m. on 28.06.2019 and that the convict shall return to the prison at 05.00 p.m. on 12.07.2019. The respondents shall provide adequate security with escort to the convict during leave period. This Habeas Corpus Petition is disposed of accordingly. Post this matter on 15.07.2019 for reporting compliance. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kmk To 1.The Additional Director General of Prison, Prison Department, Gandhi Irwin Road, Egmore, Chennai 600008.

2.The Superintendent of Prison, Central Prison, Puzhal-II, Chennai.

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

+1cc to Mr.L.Baskaran, Advocate, S.R.No.52224 H.C.P.No.1010 of 2019 MR(CO) RRS(26/06/2019) https://hcservices.ecourts.gov.in/hcservices/