Bagatheeswari v. The Additional Director General Of Police (Prisons)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04..07..2019
CORAM
The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Habeas Corpus Petition No.1158 of 2019 Bagatheeswari ... Petitioner -Versus1. The Additional Director General of Police (Prisons), CMDA Tower-II, Thalamuthu Natarajar Building, Gandhi Irwin Road, Egmore, Chennai.
2. The Superintendent of Central Prison, Central Prison, Coimbatore -18.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to grant special leave to the petitioner's husband Selvam @ Subramaniam @ Koolaiselvam (Convict Prisoner No.20156), aged 50 years, Son of Palanisamy, now, confined in Central Prison, Coimbatore for a period of 30 days from 12.06.2019 to 11.07.2019 pursuant to the representation dated 08.06.2019. For Petitioner : Mr.T.Muruganantham For Respondents : Mr.R.Prathap Kumar, APP for RR1 and 2
ORDER
[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the wife of the convict. Seeking special leave on the premise that a property belonging to the family is being brought up for auction and, therefore, the presence of the convict is very much required to save the property.
2. Heard both sides.
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3. The report of the Probation Officer would also indicate the the aforesaid factum.
4. In such view of the matter, we are inclined to direct the respondents to grant leave to the convict for 30 days commencing from 06.07.2019 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 06.07.2019 and that the convict shall return back to the prison at 05.00 p.m. on 04.08.2019. The convict shall be accompanied by adequate escorts. This Habeas Corpus Petition stands disposed of accordingly with the above directions.
The Registry is directed to list this matter on 06.08.2019 for reporting compliance.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar kmk To
1. The Additional Director General of Police (Prisons), CMDA Tower-II, Thalamuthu Natarajar Building, Gandhi Irwin Road, Egmore, Chennai.
2. The Superintendent of Central Prison, Central Prison, Coimbatore -18.
3. The Public Prosecutor, High Court, Madras. +1 cc to Mr.T.Muruganantham, Advocate, S.R.No.56075 H.C.P.No. 1158 of 2019 TM(CO) SSM(05/07/2019) https://hcservices.ecourts.gov.in/hcservices/