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Madras High CourtHCP/2018/2016dismissed

S. Gowthaman, Age 34 Years, v. The State Rep. By Its The

2017-03-20Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2018 of 2016 S. Gowthaman ..Petitioner/wife of the detenue Vs 1.The State represented by its The Secretary to Government of Tamil Nadu Department of Home, Fort St. George, Chennai - 600 009.

2.The Additional Director General of Prison C.M.D.A Towers, Egmore, Chennai - 600 008.

3.The Superintendent, Central Prison, Salem.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS or any other writ order or direction in the nature of a writ directing the respondents to grant leave for 30 days to the detenu Mr.M.Saravanan, aged 38 years son of M.Munusamy, Convict No.7309 detained at Central Prison, Salem.

For Petitioner :

Mr.R.Narayanan For Respondents:

Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

[Order of the Court was made by S.NAGAMUTHU.J] The petitioner's husband Mr.M.Saravanan, male, aged about 38 years, is the life convict, lodged in Central Prison, Salem. According to the petitioner, she made a request on 29.08.2016, seeking leave for 30 days for the detenu. That was not https://hcservices.ecourts.gov.in/hcservices/

considered is the grievance of the petitioner. Hence, she is before this court, with this Habeas Corpus Petition. 2.In the counter affidavit filed by the Superintendent of Police, Salem, it is stated that in the year 2016 alone, on four spells, the detenu was granted leave for a total period of 15 days. Hence, the petitioner cannot expect to grant leave to the detenu often, so as to avoid him being in prison. Thus, in our considered view, petitioner is not entitled for the relief as sought for in the petition. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jbm/jer To 1.The Secretary to Government of Tamil Nadu Department of Home, Fort St. George, Chennai - 600 009.

2.The Additional Director General of Prison C.M.D.A Towers, Egmore, Chennai - 600 008.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

PVS(CO) EU 6.4.17 H.C.P.No.2018/2016 https://hcservices.ecourts.gov.in/hcservices/