Lavanya v. The Government Of Tamil Nadu Rep By Its

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 29.05.2019 CORAM :

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR and THE HON'BLE MS.JUSTICE P.T.ASHA H.C.P.No.1043 of 2019 Lavanya Petitioner Vs

1. The Government of Tamil Nadu Rep. By its Secretary to Government Home (Prison IV) Department Fort St. George Chennai - 9

2. The Additional Director General of Prisons Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore Chennai - 8

3. The Superintendent of Central Prison Vellore -2.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Habeas Corpus, directing the respondents herein to produce the detenue V.Senthil Kumar, Life Convict No.24027, detained at Central Prison, Vellore before this Court and direct the respondents to grant PAROLE to the detenue for a period of 30 days without police escort in pursuant to petitioner's representation dated 10.05.2019. For Petitioner :

Mr.B.Nambi Selvan For Respondents :

Ms.P.Kritika Kamal Government Advocate (Criminal Side)

O R D E R

(Order of the Court was made by N.SATHISH KUMAR,J.) The petitioner, who is the wife of a Life Convict, namely V.Senthil Kumar, (Life Convict No.24027) has filed this

Habeas Corpus Petition seeking a direction to the respondents herein to grant Parole to the detenue for a period of 30 days without police escort, pursuant to her representation dated 10.05.2019.

2. Ms.P.Kritika Kamal, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent on either side, this matter has been taken up for final disposal at the admission stage itself.

3. Heard both sides and perused the materials available on record.

4. A perusal of the records would show that the husband of the petitioner, namely, V.Senthil Kumar has been undergoing life sentence at Central Prison, Vellore in connection with the Sessions Case No.126 of 2006 dated 17.12.2007, for the offences under Sections 302 r/w 34, 201 and 392 of IPC.

5. The petitioner has come up with this petition seeking to grant parole for a period of one month on the ground that he has to admit his children in School and also to perform his sister's marriage.

6. Considering the facts and circumstances, the respondents are directed to consider the petitioner's representation dated 10.05.2019 and pass order granting Leave as per Tamil Nadu Suspension of Sentence Rules on merits. Such order shall be passed within a period of one week from the date of receipt of this order.

7. With the above direction, the Habeas Corpus Petition is allowed.

Sd/- Assistant Registrar(VO) //True copy// Sub Assistant Registrar vrn/sri To

1. The Secretary to Government The Government of Tamil Nadu Home (Prison IV) Department Fort St. George,Chennai - 9

2. The Additional Director General of Prisons Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore, Chennai - 8

3. The Superintendent of Central Prison Vellore -2.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Nambi Selvan, Advocate SR.No.44348 H.C.P.No.1043 of 2019 NMI(CO) GMY(30/05/2019)