Siva @ Sivaraj @ Shanker @ v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1436 of 2016 Siva @ Sivaraj @ Shanker ..Petitioner Vs

1. The State of Tamil Nadu, rep. by its Secretary, Home Department, Secretariat, Chennai-9.

2. The Inspector General of Prisons, Whannels Road, Egmore, Chennai-8.

3. The Superintendent, Central Prison, Tiruchirapalli.

4. The Superintendent, Central Prison, Cuddalore.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents herein to transfer the petitioner Siva @ Sivaraj @ Shanker from Central Prison, Tiruchirapalli to the Central Prison at Cuddalore.

For Petitioner :

Mr. Philip Ravindran For Respondents:

Mr.A.N.Thambidurai Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is a life convict. He was convicted by the learned Additional Sessions Judge, Gobichettipalayam in S.C.No.65 of 2006. The appeal filed by him before this Court was dismissed on 05.09.2008. Now, he is undergoing imprisonment in Central Prison, Tiruchirapalli. The petitioner has now come https://hcservices.ecourts.gov.in/hcservices/

up with this petition seeking a direction for transferring him and to lodge him in Central Prison, Cuddalore.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully.

3. The relief sought for by the petitioner in this petition will not fall within the Habeas Corpus jurisdiction of this Court. The relief could be worked out elsewhere before some other forum. In the Habeas Corpus Petition jurisdiction, we are concerned only with the illegal custody of an individual so as to set him at liberty. Here, in this case, the detention of the person in Central Prison, Tiruchirapalli is not illegal and therefore, we cannot entertain the Habeas Corpus Petition.

4. In the result, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kua To

1. The Secretary, Home Department, Secretariat, Chennai-9.

2. The Inspector General of Prisons, Whannels Road, Egmore,Chennai-8.

3. The Superintendent, Central Prison, Tiruchirapalli.

4. The Superintendent, Central Prison, Cuddalore.

5.The Public Prosecutor,High Court, Madras.

+ 1 cc to Mr.Philip Ravindran, Advocate sr.40358 H.C.P.No.1436 of 2016 VS(CO) Eu 27.7.16 https://hcservices.ecourts.gov.in/hcservices/