Hasina Begam v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mrs. Justice R. HEMALATHA H.C.P. No. 2118 of 2019 Hasina Begam ... Petitioner -vsThe State Represented by its 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 9.

2.The Additional Director General of Prison, Egmore, Chennai - 600 008.

3.The Superintendent, Central Prison,Kovai.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to grant ordinary leave for 30 days without escort to the detenu E.M.Mohammed Hasan @ Monappa S/o. E.K.Moidheen, aged 40 years, life convict prisoner, bearing Convict No.10713, detained at Central Prison, Kovai.

For Petitioner : Dr.S.Manoharan 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 ordinary leave for 30 days without escort to the detenu E.M.Mohammed Hasan @ Monappa S/o. E.K.Moidheen, aged 40 years, life convict

prisoner, bearing Convict No.10713, detained at Central Prison, Kovai, the present Habeas Corpus Petition has been filed.

2. The petitioner is the sister of the convict seeking ordinary leave for him on the ground that arrangement will have to be made for his marriage.

3. The report of the Probation Officer also indicates the reasons assigned for seeking ordinary leave.

4. We have also perused the proceedings dated 04.10.2019 in this regard. The convict is also under incarceration for nearly twenty years. There is no adverse report against the convict.

5. In such view of the matter, we are inclined to grant 30 days ordinary leave to the convict with minimum escort subject to the usual conditions that can be imposed. The convict shall be released from the prison on 29.10.2019 at 10.00 a.m. and shall return back to the prison on 27.11.2019 at 5.00 p.m.

6. Accordingly, the Habeas Corpus Petition Stands disposed of.

Post the matter 'for reporting compliance' on 28.11.2019. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 9.

2.The Additional Director General of Prison, Egmore, Chennai - 600 008.

3.The Superintendent, Central Prison,Kovai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Dr.S.Manoharan, Advocate sr.87843 H.C.P. No. 2118 of 2019 sj(co) nr 23/10/2019