Anees Unnissha v. The Addl Director General Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M. NIRMAL KUMAR H.C.P. No. 1129 of 2019 Anees Unnissha ... Petitioner -vs1.The Addl. Director General of Prison Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Vellore ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the 2nd respondent to produce the petitioner's husband Sathiq Basha S/o. Saleem Basha before this Court presently in Central Prison, Vellore and direct the 2nd respondent to extend the parole granted to him 7 more days.

For Petitioner : Mr.R.Rajan For Respondents :

Mr.C.Iyyappa Raj Addl.

Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the second respondent to produce the petitioner's husband Sathiq Basha S/o. Saleem Basha, who is presently confined in Central Prison, Vellore, before this Court

and for a consequential direction to extend the parole, the present habeas corpus petition has been filed by the wife of the detenu.

2. The detenu was already given parole. The petitioner/wife of the detenu once again seeks parole on the ground that the detenu's father is undergoing surgery on Monday i.e. 17.06.2019.

3. The learned Additional Public Prosecutor, on verification, has stated that the father of the detenu is undergoing surgery on 17.06.2019 is true. Thus, considering the above, appropriate orders will have to be passed. 4.Taking into consideration the facts, we pass the following order:

(i) The detenu shall be released from judicial custody at about 5 p.m. on Sunday i.e., 16.06.2019;

(ii) During the leave period, adequate escort would be given to the detenu as was done on the earlier occasion; and (iii) the detenu should surrender before the jail authorities before 5 p.m. on Wednesday i.e., 19.06.2019.

In view of the above, the Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Addl. Director General of Prison Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Vellore.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Rajan, Advocate sr.48368 H.C.P. No. 1129 of 2019 rsv(co) nr 14/06/2019