R.Rami v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2020

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR H.C.P.NO.2053 OF 2020 R.Rami ..Petitioner/Mother of the Detenue Vs.

1. The Director General of Police & I.G. Of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.

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

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus directing the respondents to grant 30 days ordinary leave by considering the representation dated 16.10.2020 to the petitioner's son Murali, S/o. Rajendran, aged about 28 years, convict prisoner, now confined in Central Prison, Vellore.

For Petitioner ::

Ms.S.Nadhiya 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 mother of the detenu/convict has filed the present Habeas Corpus Petition seeking a direction to the respondents to grant 30 days ordinary leave to her son Murali, S/o. Rajendran, aged about 28 years, convict prisoner, now confined in Central Prison, Vellore, so as to enable him to give proper treatment to the petitioner as she is stated to be suffering from cancer.

https://hcservices.ecourts.gov.in/hcservices/

2.

Though the Probation Officer's report shows that the petitioner is taking treatment as an out-patient, the medical certificate filed by the petitioner indicates that she is suffering from cancer.

3.

Therefore, considering the above, we are inclined to direct the respondents to grant emergency leave to the convict for 6 days commencing from 03.12.2020 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 03.12.2020 and he shall return back to the prison at or before 05.00 p.m. on 08.12.2020. We make it clear that the day on which the convict is released from the prison and the day on which he is readmitted will have to be excluded. This Habeas Corpus Petition is disposed of accordingly with the above directions.

4.

Post the matter for "reporting complaince" on 09.12.2020.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nv To

1. The Director General of Police & I.G. Of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.

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

3. The District Collector, Vellore.

4.

The Public Prosecutor, High Court,Madras.

H.C.P.No.2053 of 2020 SAI(CO) CS/02/12/2020 https://hcservices.ecourts.gov.in/hcservices/