S.Dhanalakshmi v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2080 of 2019 S.Dhanalakshmi ... Petitioner -vs1. The Home Secretary, Home Department, Secretariat, Fort St. George, Chennai - 9.
2. Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 8.
3. The Superintendent of Police, Salem Central Prison, Salem District.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to grant one month leave without escort to the detenu Mr.Manikandan, S/o.Late Elango (Prisoner No.7485), now confined in Salem Central Prison, for the purpose to make arrangements for livelihood of his family life as well as the settlement of his life after release under making arrangements of marriage pursuant to the petitioner's representation to the respondents dated 05.09.2019.
For Petitioner : Mr.Muthamizh Selvakumar For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to grant one month leave without escort to the convict Manikandan, S/o.Late Elango (Prisoner No.7485), for the purpose to making arrangements for the livelihood of his family, the present habeas corpus petition has been filed by the sister of the convict.
2. The petitioner, who is the sister of the convict, seeks ordinary leave for the convict on the ground of finding suitable marriage proposal for him.
3.Learned Additional Public Prosecutor submitted that the convict has been transferred to Central Prison, Coimbatore and now he is confined there.
4.As there is no dispute with respect to the reason for ordinary leave coupled with the fact that the petitioner has been under incarceration for more than 13 years, we are inclined to grant 30 days leave to the convict without escort. 5.Accordingly, the Habeas Corpus Petition stands disposed of and the convict shall be released at 10.00 a.m. on 01.11.2019 and he shall return back to prison at 05.00 p.m. on 30.11.2019 subject to the usual conditions that can be imposed. The convict shall report before the Yercaud Police Station once in a week at 10.00 a.m. during the leave period.
Post the matter on 02.12.2019 'for reporting compliance'. Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar mmi/ssm 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 Police, Salem Central Prison, Salem District.
4. The Superintendent, Central Prison, Coimbatore.
5. The Public Prosecutor, High Court, Madras.
copy to: The Section Officer, Criminal Section, High Court, Madras.
(For posting the case on 02/12/2019 for reporting compliance) H.C.P. No. 2080 of 2019 VD(CO) SSM(31/10/2019)