K.Rajendran v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2019 Coram THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR H.C.P. No.1064 of 2019 K.Rajendran ... Petitioner -vs1.The State of Tamil Nadu Rep. By its Principal Secretary to Government, Home (Prison)Department, Fort St.George, Chennai - 600 009.
2.The Additional Director General of Police/IG of Prisons, CMDA, Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 600 008.
3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to consider the petitioner's representation dated 23.05.2019 and direct to grant leave for 90 days to the detenu Sivaraman, Son of Pandurangan, aged about 41 years, C.T.No.3142, now confined at Central Prison, Palayamkottai. For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr.C.Iyyappa Raj Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father-in-law of the life convict. In the present petition filed, a direction was sought for, to grant leave, on the ground that the petitioner's daughter, who is incidentally the wife of the life convict is terminally ill, suffering from cancer and taking treatment.
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2. On a query, the learned Additional Public Prosecutor submitted that the wife of the life convict is suffering from cancer.
3.Considering the above and taking note of the fact that the life convict has been under incarceration for the conviction rendered by the trial Court for more than 10 years, we are inclined to grant leave to the life convict for four weeks starting from 04.07.2019 till 31.07.2019. The life convict should return back to prison on 31.07.2019 at 5.00 p.m. subject to the usual conditions that may be imposed.
4. In view of the above, the Habeas Corpus Petition stands disposed of.
Post the matter on 01.08.2019 'for reporting compliance'. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mmi/ssm To:
1.The Principal Secretary to Government, Home (Prison)Department, Fort St.George, Chennai - 600 009.
2.The Additional Director General of Police/IG of Prisons, CMDA, Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 600 008.
3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.Ilayaraja Kandasamy, Advocate, S.R.No.55204 H.C.P. No.1064 of 2019 PPA(CO) RRS(03/07/2019) https://hcservices.ecourts.gov.in/hcservices/