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Madras High CourtHCP/1482/2019disposed of

Samma v. The State Represented By

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. 1482 of 2019 Samma ... Petitioner -vsThe State rep. by its 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 9.

2.The Additional Director General of Prison, C.M.D.A. Towers, Egmore, Chennai - 8.

3.The Superintendent, Central Prison, Kovai.

... 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 Aslam, S/o.Jainulaputhin, aged about 44 years, Convict No.18819 detained at Central Prison, Kovai.

For Petitioner : Dr.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 wife of the convict.

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

2. The learned counsel appearing for the petitioner submits that the convict came out on one day parole and married the petitioner and they have no issues. Learned counsel further submits that for taking infertility treatment, the convict needs leave.

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

4. Considering the above, we are inclined to grant ten 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 08.08.2019 subject to the usual conditions that can be imposed.

Post the matter on 09.08.2019 for reporting compliance. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 9.

2.The Additional Director General of Prison, C.M.D.A. Towers, Egmore, Chennai - 8.

3.The Superintendent, Central Prison, Kovai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Dr.S.Manoharan, Advocate sr.64054 H.C.P.No.1482 of 2019 ev(co) nr 29/07/2019 https://hcservices.ecourts.gov.in/hcservices/