Madras High CourtHCP/2404/2019disposed of

Pachayammal v. State By

2019-11-19Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2404 of 2019 Pachayammal ... Petitioner/Sister of the Detenue -vs1. State By:

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2. The Deputy Inspector General of Prison, Vellore Range, Vellore - 2.

3. The Superintendent of Prison, Central Prison, Vellore - 2.

...Respondents

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents to release the petitioner's brother Thepori Perumal, *S/o.Govindasamy, Life Convict Ct.No.19892 aged about 62 years, now confined in the Central Prison, Vellore on ordinary leave for one month.

For Petitioner : Mr.P.Pugalenthi 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 to the petitioner's brother namely, Thepori Perumal,*S/o.Govindasamy, Life Convict Ct.No.19892, now confined in Central Prison, Vellore, the present Habeas Corpus Petition has been filed.

2. The petitioner, who is the sister of the convict, seeks ordinary leave on the ground of attending to the ailing mother, who is stated to be 98 years old.

3. Inasmuch as the reason assigned is not in dispute, the respondents are directed to grant two weeks' leave to the convict without escort subject to the usual conditions that can be imposed. Accordingly, the Habeas Corpus Petition stands disposed of. The convict shall be released at 10.00 a.m. On 26.11.2019 and he shall return back to the prison on 10.12.2019 at 5.00 p.m. The convict shall report before the Palacode Police Station, Dharmapuri daily at 5.30 p.m. during the aforesaid leave period.

Post the matter 'for reporting compliance' on 06.12.2019. -s/dAssistant Registrar(CS VII) Dated: 20.11.2019 * Corrected as per order of this Court dated 22.11.2019 made in Crl.M.P. 17267/2019 in H.C.P. 2404/2019 sd/- Assistant Registrar(CO) Dated: 26.11.2019 True Copy Sub-Assistant Registrar To To be substituted to the 1.The Secretary to Government, order already despatched Home, Prohibition and Excise on 21.11.2019 Department, Secretariat, Chennai - 9.

2.The Deputy Inspector General of Prison, Vellore Range, Vellore - 2.

3.The Superintendent of Prison, Central Prison, Vellore - 2.

4.The Station House officer Palacode Police Station Dharmapuri 5.The Public Prosecutor, High Court, Madras.

copy to The Section Officer Criminal Section High Court, Madras (for watching and reporting compliance on 06/12/2019) +1 cc to Mr.P.Pugalenthi Advocate sr 97277 H.C.P. No. 2404 of 2019 RJI(CO) AA20/11/2019 SP(26/11/2019)