S.Gomathi v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.09.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Ms.JUSTICE R.N.MANJULA H.C.P.No.2483 of 2020 S.Gomathi .. Petitioner Vs.

1.The Home Secretary Home Department Secretariat, Fort St. George Chennai-9 2.The Additional Director General of Police and Inspector General of Prisons Whannels Road Egmore, Chennai-8 3.The Superintendent of Prison Cuddalore Central Prison Vellore District 4.The Superintendent of Police O/o.The Superintendent of Police Villupuram District 5.The Inspector of Police Villupuram Police Station Villupuram District .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the

respondents to grant one month leave without escort to the detenu viz., Seenu @ Srinivasan, S/o.Late Selvaraj (Prisoner No.CT13678), now confined in the Central Prison, Cuddalore, for the purpose of making arrangements for the petitioner's medical expenses, in pursuant to the petitioner's representation to the respondents dated 05.12.2020.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents to grant one month leave without escort to the detenu viz., Seenu @ Srinivasan, S/o.Late Selvaraj (Prisoner No.CT13678), confined in the Central Prison, Cuddalore, by considering the petitioner's representation to the respondents dated 05.12.2020.

2. In the light of the judgment of the Supreme Court in The Home Secretary (Prison) and others Vs. H.Nilofer Nisha [(2020)14 SCC 161], the present habeas corpus petition for leave under the Tamil Nadu Suspension of Sentence Rules, 1982, cannot be entertained.

Hence, this petition is closed. However, liberty is given to the petitioner to file a writ petition, if so advised. Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar gya

To

1. The Home Secretary Home Department Secretariat, Fort St. George Chennai-9

2. The Additional Director General of Police and Inspector General of Prisons Whannels Road Egmore, Chennai-8

3. The Superintendent of Prison Cuddalore Central Prison Vellore District

4. The Superintendent of Police O/o.The Superintendent of Police Villupuram District

5. The Inspector of Police Villupuram Police Station Villupuram District

6. The Public Prosecutor High Court, Madras H.C.P.No.2483 of 2020 PPA (CO) K.RK. (11.10.2021)