Madras High CourtCRL OP/3757/2016disposed of

S.Santhu Mohamed v. The State Rep. By Its

2016-06-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.3757 of 2016 S.Santhu Mohamed .. Petitioner vs.

1.The Secretary to Government of Tamil Nadu Department of Home Fort St.George Chennai 600 009.

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

3.The Superintendent Central Prison Coimbatore.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. directing the respondents to grant leave for 20 days to the petitioner, S.Santhu Mohamed, S/o A.M.Sheriff, aged about 30 years, Convict No.10708, detained at Central Prison, Coimbatore.

For Petitioner : Mr.S.Manoharan For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed seeking a direction to the respondents to grant leave for 20 days to the petitioner, S.Santhu Mohamed, S/o A.M.Sheriff, aged about 30 years, Convict No.10708, detained at Central Prison, Coimbatore.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that the petitioner is a life convict, Convict No.10708 undergoing life imprisonment, pursuant to the conviction and sentence imposed by the Sessions Court in S.C.No.2/2001, which has also been confirmed by the High Court and his further appeal to the Supreme Court is pending. https://hcservices.ecourts.gov.in/hcservices/

4. Admittedly, the petitioner has been in incarceration since 18 years. The petitioner appears to have made a representation dated 11.01.2016 for attending the ear boring ceremony of his child. After giving the said representation, the petitioner filed the present petition on 10.02.2016. During the pendency of this petition, the respondent considered the representation of the petitioner and by order dated 16.02.2016, granted two days leave to the petitioner, namely, on 20.02.2016 and 21.02.2016, pursuant to which the petitioner went to his house and was with his child. Therefore, technically, the prayer of the petitioner does not survive any further. Hence, this petition is closed with liberty to the petitioner to make a fresh application for grant of leave and the same shall be considered in accordance with law and extant rules.

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

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

3.The Superintendent Central Prison Coimbatore.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3757 of 2016 ctk co kra 16.06.2016 https://hcservices.ecourts.gov.in/hcservices/