Madras High CourtCRL MP/7932/2020closed

Jagath Kumari v. The State Rep.By Its

2020-12-11Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR in H.C.P. No. 2124 of 2020 Jagath Kumari ... Petitioner -vsThe State Rep. By its 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.

... Respondents Petition to modify the condition imposed on the detenu Sasikumar, S/o. Nagaraj, aged about 42 years, convict no. 5483, in H.C.P.No. 2124 of 2020 dated 30.11.2020.

For Petitioner ..

Mr.S.Manoharan For Respondents ..

Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking to modify the order passed in H.C.P.No. 2124 of 2020 dated 30.11.2020, the present petition has been filed.

2. Heard the learned counsel appearing for the parties.

3. Learned counsel for the petitioner submitted that the leave granted to the convict by this Court on 30.11.2020 has not been given effect to in view of the fact that the respondents while providing minimum escort has construed it as 7 police personnel, which is a hindrance to the convict.

4. Considering the above, we are inclined to direct the respondents to grant leave to the convict for fifteen days with minimum escort, viz., two, subject to the usual conditions that shall be imposed by the respondents. The convict shall be released from the

prison at 10.00 a.m. on 14.12.2020 and he shall return back to the prison at 5.00 p.m. on 28.12.2020. We also make it clear that the convict will have to undergo COVID test before his release and after his return.

5. The miscellaneous petition is closed with the above modification.

Post the matter for "reporting compliance" on 04.01.2021. (M.M.S.,J.) (D.K.K.,J.) 11.12.2020 Index: Yes/No ssm Note: Issue Today 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.

4. The Public Prosecutor, High Court, Madras.

M.M.SUNDRESH, J.

and D.KRISHNAKUMAR, J.

ssm in H.C.P. No. 2124 of 2020 11.12.2020