Nadhira Banu v. The Government Of Tamilnadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1725 of 2020 Nadhira Banu ... Petitioner/Sister of detenue -vs1. The Government of Tamil Nadu Rep.by its Secretary to Government Home (Prison IV) Department, Fort St.George, Chennai - 600 009.
2. The Additional Director General of Prisons Thalamuthu Natarajan Maaligai, 2nd floor, Gandhi Irwin Road, Egmore, Chennai 600 008.
3. The Superintendent of Central Prison, Puzhal - I, Chennai District.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to grant leave without escort for 45 days to detenue namely Ibrahim @ Koolai Ibrahim, S/o.Abdul Razak, aged about 42 years, Life Convict No.4661 detained at Central Prison, Puzhal - I, Chennai.
For Petitioner : M/s.A.P.Sathyamurthy For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to grant leave without escort for 45 days to the petitioner's brother namely Ibrahim @ Koolai Ibrahim, S/o.Abdul Razak, aged about 42 years, Life Convict No.4661 detained at Central Prison, Puzhal - I, Chennai, the present habeas corpus petition has been filed.
2. The petitioner is the sister of the detenu seeks consideration of enlargement on leave to take care of their father, who has to undergo surgery. The Probation Officer in and by the proceedings dated 03.09.2020 has stated that the reason assigned is true. The detenu has also availed ordinary leave on the earlier occasion and returned back. The convict is stated to be under incarceration for more than two decades. 3.Considering the above, we are inclined to grant ordinary leave to the convict for a period of thirty days with minimum escort. Accordingly, the convict is granted ordinary leave for a period of 30 days with minimum escort. The convict shall be released on 03.11.2020 at 10.00 a.m. and he shall return back to the prison at 05.00 p.m. on 02.12.2020.
4. The Habeas Corpus Petition is disposed of with the above direction.
Post 'for reporting compliance' on 03.12.2020. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar dpq To
1. The Government of Tamil Nadu Rep.by its Secretary to Government Home (Prison IV) Department, Fort St.George, Chennai - 600 009.
2. The Additional Director General of Prisons Thalamuthu Natarajan Maaligai, 2nd floor, Gandhi Irwin Road, Egmore, Chennai 600 008.
3.The Superintendent of Central Prison, Puzhal - I, Chennai District.
4.The Public Prosecutor, High Court, Madras.
H.C.P. No. 1725 of 2020 SRA(CO) CB(02/11/2020)