Stella Mery v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2020
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR H.C.P. No. 2063 of 2020 Stella Mery ..Petitioner/writ of the Detenu Vs.
1.
The State of Tamil Nadu, rep. by its Principal Secretary to Govt., Home (Prison) Department, Tamil Nadu Government Chief Secretariat, Fort St. George, Chennai - 600 009.
2.
The Additional Director General of Police/IG of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.
The Superintendent, Central Prison-I, Puzhal, Chennai.
..Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus to direct the respondents to grant leave for six weeks to the detenu Pandiyan, Son of Mani, aged about 49 years, C.T. No. 2416, now confined at Central Prison I, Puzhal, Chennai, based on the petitioner's representation dated 31.10.2020.
For Petitioner ::
Mr.Ilayaraja Kandasamy For Respondents::
Mr.R. Prathap Kumar Addl. Public Prosecutor
O R D E R
(Order of the Court was made by M.M. SUNDRESH,J.) The petitioner, who is the wife of the convict, has come https://hcservices.ecourts.gov.in/hcservices/
forward with the present Habeas Corpus Petition seeking leave for six weeks to the convict on the following grounds, namely, (i) to fix engagement of their son (ii) to give treatment to his ailing father and (iii) for renovation of house. 2.
Learned Additional Public Prosecutor appearing for the respondents submitted that the Probation Officer, on enquiry, found that the reasons assigned are not true. 3.
Learned counsel for the petitioner submitted that the enagement will have to be fixed hereafter.
4.
We do not find any reason to allow this petition. Earlier, this Court had granted leave by order dated 19.03.2020 in H.C.P. No. 339 of 2020 for 15 days and subsequently, it was extended till 14.06.2020 due to Covid 19 pandemic. Since the convict was outside for 70 days and now, the reasons assigned for leave have also been found to be not true, the Habeas Corpus Petition stands dismissed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar nv To 1.
The Principal Secretary to Govt., Home (Prison) Department, Tamil Nadu Government Chief Secretariat, Fort St. George, Chennai - 600 009.
2.
The Additional Director General of Police/IG of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.
The Superintendent, Central Prison-I, Puzhal, Chennai.
4.
The Public Prosecutor, High Court, Madras.
H.C.P. No. 2063 of 2020 SDR 18/12/2020 https://hcservices.ecourts.gov.in/hcservices/