Nalini v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2019

CORAM:

The Honourable Mr. Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.1785 of 2019 Nalini ... Petitioner vs.

The State, represented by The Superintendent of Central Prison, Cuddalore, Cuddalore District.

... Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the Respondent to grant SIX days ordinary leave to the Lifer Rajiv Gandhi, son of Gopalakrishnan, Life Convict No.16486, now confined at Central Prison, Cuddalore to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.R.Prathap Kumar, Additional Public Prosecutor

O R D E R

[Order of the court was made by M.M.SUNDRESH,J.] The Petitioner is the wife of a Life Convict, viz. Rajiv Gandhi, S/o Goapalakrishnan. She has come up with this Petition seeking six days Emergency Leave for the purpose of providing treatment to him.

2.

Today, learned Additional Public Prosecutor submitted that the Convict was undergoing treatment for Liver Disease. 3.

We also find that the Convict initially underwent treatment for Liver Disease at Government Head Quarters Hospital, Cuddalore. Thereafter, he continued to have treatment at Government Stanley Hospital, Chennai from 21.01.2019 to 06.02.2019 and he was once again reviewed.

4.

Thus, from the above, there is no dispute with respect to the ailment of the Convict. In such view of the matter, we https://hcservices.ecourts.gov.in/hcservices/

are of the view that it would be appropriate to grant six days Emergency Leave to the Convict to take further treatment. Accordingly, we direct the respondent to grant Emergency leave for SIX (6) days commencing from 18.09.2019 subject to the usual conditions that can be imposed by the Respondent. The Convict shall be released at 10.00 a.m. on 18.09.2019 and the Convict shall return back to prison at 05.00 p.m. on 23.09.2019. The Convict shall be accompanied by adequate escorts. 5.

This Habeas Corpus Petition is disposed of with the above direction.

6.

Registry is directed to list this matter 'for reporting compliance' on 26.09.2019.

-Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar (aeb) To 1.The Superintendent of Central Prison, Cuddalore, Cuddalore District.

2.The District Collector Cuddalore District +1 cc to Mr.R.Sankara Subbu Advocate sr79528 H.C.P.No.1785 of 2019 ks(co) aa17/09/2019 https://hcservices.ecourts.gov.in/hcservices/