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Madras High CourtHCP/1428/2019disposed of

Rajan@Ithalirajan@Sowdarajan v. The Deputy Inspector General Of Prisons

2019-07-26Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR H.C.P. No. 1428 of 2019 Rajan @ Ithalirajan @ Sowdarajan ... Petitioner -vsThe State rep. by its 1.The Deputy Inspector General of Prisons, C.M.D.A. Towers, Egmore, Chennai - 8.

2.The Superintendent, Central Prison, Puzhal I, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to grant leave for 30 days to the detenu Rajan @ Ithali Rajan @ Sowdarajan, aged about 49 years, S/o.Arumainayakam, convict prisoner No.5201 detained at Central Prison, Puzhal I.

For Petitioner : Mr.S.Manoharan For Respondents : Mr.C.Iyyappa Raj Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to grant 30 days leave, the present habeas corpus petition has been filed by the convict.

2. The learned counsel appearing for the petitioner submits that the convict needs leave to make arrangements for his daughter's education.

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

3. The aforesaid fact is not denied or disputed by the learned Additional Public Prosecutor.

4. Considering the above, we are inclined to grant twenty days leave to the convict. Accordingly, the Habeas Corpus Petition stands disposed of and the convict shall be released at 10.00 a.m. on 30.07.2019 and he shall return back to prison at 05.00 p.m. on 18.08.2019 subject to the usual conditions that can be imposed.

5.Learned counsel appearing for the petitioner submits that the petitioner is not in a position to bear the escort charges during his leave period.

6.Learned Additional Public Prosecutor submits that the escort charges will be borne by the Government. The said submission stands recorded.

Post the matter on 19.08.2019 for reporting compliance. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Deputy Inspector General of Prisons, C.M.D.A. Towers, Egmore, Chennai - 8.

2.The Superintendent, Central Prison, Puzhal I, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Manoharan, Advocate, S.R.No.64053 H.C.P.No.1428 of 2019 EV(CO) RRS(29/07/2019) https://hcservices.ecourts.gov.in/hcservices/