Thangam v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02..07..2019
CORAM
The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Habeas Corpus Petition No.1269 of 2019 Thangam ... Petitioner -Versus1.The Home Secretary, Home Department, Secretariat, Fort St. George, Chennai.
2.The Additional Director General of Police (Prison), Whannels Road, Egmore, Chennai 600 008.
3.The Superintendent of Prison, Central Prison, Cuddalore.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to grant parole for 30 days to the petitioner's son by name Manikandan @ Kalaimani (Convict Prisoner No.14935), aged 36 years, now confined in the Central Prison, Cuddalore, before this court and for a further direction to the respondents to consider his case for parole immediately.
For Petitioner : Mr.Amirthalingam.K For Respondents : Mr.C.Iyyapparaj, APP for RR1 to 3
ORDER
[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the mother of the convict - Manikandan @ Kalaimani. Leave has been sought for, for letting the convict on parole on the premise that his daughter is suffering from illness.
2. The counsel for the petitioner submitted that the convict's wife is no more. The convict is very desirous of seeing his daughter and taking care of her by giving adequate treatment. The daughter of the convict is also suffering from fits.
3. The learned Additional Public Prosecutor submitted that though the convict's daughter is suffering from illness, leave as sought for, for 30 days need not be granted.
4. Considering the submissions made, we are inclined to direct the respondents to grant leave to the convict for 15 days commencing from 05.07.2019 subject to the usual conditions that can
be imposed by the respondents. The convict shall be released at 10.00 a.m. on 05.07.2019 and that the convict shall return back to the prison at 05.00 p.m. on 19.07.2019. The convict shall be accompanied by adequate escorts. This Habeas Corpus Petition is disposed of accordingly with the above directions. The Registry is directed to post this matter on 22.07.2019 for reporting compliance.
Index : yes / no [M.M.S.,J.] [M.N.K.,J.] Internet : yes / no 02..07..2019 Speaking / Non Speaking Order kmk Note: Issue order copy on 03.07.2019.
To 1.The Home Secretary, Home Department, Secretariat, Fort St. George, Chennai.
2.The Additional Director General of Police (Prison), Whannels Road, Egmore, Chennai 600 008.
3.The Superintendent of Prison, Central Prison, Cuddalore.
M.M.SUNDRESH.J., AND M.NIRMAL KUMAR.J., kmk H.C.P.No.1269 of 2019 02..07..2019