Jagath Kumari v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30/11/2020 C O R A M THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE Mr. JUSTICE D.KRISHNAKUMAR Habeas Corpus Petition No.2124 of 2020 Jagath Kumari

...Petitioner/Wife of the detenue

Vs The State rep. By

1. The Secretary to Government of Tamil Nadu Home Department Fort St. George Chennai 600 009.

2. The Deputy Inspector General of Prison Coimbatore Zone (Central Prison) Coimbatore.

3. The Superintendent Central Prison Coimbatore 18.

...Respondents.

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of a writ of Habeas Corpus directing the respondents to grant ordinary leave for one month without escort to the detenue, Sasikumar, S/o. Nagaraj, aged about 42 years, Convict No.5483 at Central Prison, Coimbatore.

For petitioner ...

Dr.S.Manoharan For respondents ...

Mr.R.Prathap Kumar Additional Government Pleader - - - - - 1/3

O R D E R

(Delivered by M.M.SUNDRESH,J) Instant Habeas Corpus Petition has been filed to direct the respondents to grant ordinary leave for one month without escort to the detenue, Sasikumar, S/o. Nagaraj, aged about 42 years, Convict No.5483 at Central Prison, Coimbatore.

2. The petitioner, who is the wife of the convict, seeks release of the convict, to take steps for School admission of the second child.

3. We have perused the Probation Officer's report and it is found that there might be a chance for life threat to the convict from the family members of the deceased.

4. As submitted by the learned counsel for the petitioner, detenue has already undergone 17 years 2 months and 29 days imprisonment as on 13/11/2020. On an earlier occasions, he has applied for both emergency leave and ordinary leave.

5. Considering the fact that on two occasions, the convict had applied for emergency leave and Ordinary leave and that too without escort, now, we are inclined to direct the respondents to grant Ordinary leave to the convict for fifteen days with minimum escort, 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 1/12/2020 and he shall return back to the prison at 05.00 p.m., on 17/12/2020.

6. We also make it clear that the convict will have to undergo COVID 19 test before his release and after his return.

7. With the above directions, instant Habeas Corpus Petition is disposed of.

8. Post the matter for reporting compliance on 18/12/2020.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mvs 2/3

To

1. The Secretary to Government of Tamil Nadu Home Department Fort St. George Chennai 600 009.

2. The Deputy Inspector General of Prison Coimbatore Zone (Central Prison) Coimbatore.

3. The Superintendent Central Prison Coimbatore 18.

4. The Public Prosecutor High Court Madras.

H.C.P.No.2124 of 2020 vba(co) aa02/12/2020 3/3