S.Sarasu v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE R. PONGIAPPAN H.C.P. No. 1825 of 2019 S. Sarasu ..Petitioner Vs.
The State represented by 1.
The Additional Director General of Prison, CMDA Towers, Egmore, Chennai - 600 008.
2.
The Superintendent of Prison, Central Prison, Kovai - 18.
3.
The Superintendent of Prison, Central Prison, Salem - 7.
..Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus to transfer the detenu, Semmallai, S/o. Kandhasamy, from Central Prison, Kovai to Central Prison, Salem.
For Petitioner ::
Dr.S.Manoharan For Respondents::
Mr.R. Prathap Kumar Addl. Public Prosecutor
O R D E R
(Order of the Court was made by M.M. SUNDRESH,J.) The petitioner, who is the sister of the detenu seeks transfer of the detenu from Central Prison, Kovai to Central Prison, Salem on the ground that the entire family members are residing at Salem.
2.
The learned Additional Public Prosecutor submitted that there is no adverse report against the detenu. 3.
Considering the facts of the case, particularly, the fact that there is no adverse report against the detenu coupled with the fact that there is no dispute with regard to the https://hcservices.ecourts.gov.in/hcservices/
residence of near ones of the detenu, we are inclined to allow this Habeas Corpus Petition.
4.
Accordingly, the Habeas Corpus Petition is allowed and the respondents are directed to transfer the detenu from Central Prison, Kovai to Central Prison, Salem.
Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar nv To 1.
The Additional Director General of Prison, CMDA Towers, Egmore, Chennai - 600 008.
2.
The Superintendent of Prison, Central Prison, Kovai - 18.
3.
The Superintendent of Prison, Central Prison, Salem - 7.
4.
The Public Prosecutor, High Court, Chennai.
+1cc to Dr.S.Manoharan, Advocate, S.R.No. 76386 H.C.P. No. 1825 of 2019 BR(CO) GN(03/10/2019) https://hcservices.ecourts.gov.in/hcservices/