Bagatheeswari v. The Additional Director General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2370 of 2019 Bagatheeswari ... Petitioner -vs1.The Additional Director General of Prisons, CMDA Tower II, Thalamuthu Natarajar Building, Gandhi Irwin Road, Egmore, Chennai.
2.The Superintendent of Central Prison, Central Prison, Coimbatore - 18.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents herein to grant special leave to the petitioner's husband Selvam @ Subramanian @ Koolaiselvam, S/o.Palanisamy, aged about 50 years now confined in Central Prison, Coimbatore (Convict Prisoner No.20156) for a period of 30 days pursuant to the representation dated 22.10.2019. For Petitioner : Mr.T.Muruganantham 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 parole for thirty days to the petitioner's husband Selvam @ Subramanian @ Koolaiselvam, S/o.Palanisamy, aged about 50
years now confined in Central Prison, Coimbatore (Convict Prisoner No.20156), the present habeas corpus petition has been filed.
2.Though it is the second petition filed, learned counsel appearing for the petitioner submitted that the leave granted on the earlier occasion could not be utilised since the period was during the currency of inauspicious Tamil month.
3.There are two things which we have to consider in this petition. One is that on the same reasoning, we have already granted leave on the earlier occasion and the other is that the purpose could not be achieved because of the inauspicious Tamil month.
4.In the light of the above, especially by taking note of the submissions made by the learned counsel appearing for the petitioner that the proposed buyer is ready, we are inclined to grant a week's leave with minimum escort (2 in number) starting from 19.11.2019. Accordingly, the convict shall be released at 10.00 a.m. on 19.11.2019 and he shall return back to prison at 05.00 p.m. on 25.11.2019.
5. In view of the above, the Habeas Corpus Petition stands disposed of.
Post the matter on 26.11.2019 'for reporting compliance'.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Additional Director General of Prisons, CMDA Tower II, Thalamuthu Natarajar Building, Gandhi Irwin Road, Egmore, Chennai.
2.The Superintendent of Central Prison, Central Prison, Coimbatore - 18.
3.The Public Prosecutor, High Court, Madras.
4.The secretary to Government, Prohibition and excise Department Fort.St.George, Chennai 9.
5.The Joint Secretary to Government, Public (Law and order) Fort.St.George, Chennai 9.
+1cc to Mr.T.Muruganantham , Advocate SR.No. 95249 H.C.P. No. 2370 of 2019 A.SK(18/11/2019)