Rajeshwari v. The State Represented By Its
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.2398 OF 2019 Rajeshwari .. Petitioner Vs The State rep. 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, CMDA Towers, Egmore, Chennai - 8.
3. The Superintendent, Central Prison, Puzhal I, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the first respondent to grant leave for 20 days without escort to the detenu Rahman, S/o.Zaheer Hussain, Convict Prisoner, Convict No.5249 detained at Central Prison, Puzhal I, Chennai. 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.) The petitioner, who is the wife of the convict seeks ordinary leave to attend to the ailing son.
2.Learned Additional Public Prosecutor placing reliance upon the counter affidavit filed by the third respondent submitted https://hcservices.ecourts.gov.in/hcservices/
that there is a statutory prohibition under Rule 35 of Tamil Nadu Suspension of Sentence Rules, 1982 and the convict is having five sessions cases pending.
3.In such view of the matter, we are not inclined to grant the relief sought for by the petitioner. Accordingly, the habeas corpus petition stands dismissed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi/ssm To
1. The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 9.
2. The Additional Director General of Prison, CMDA Towers, Egmore, Chennai - 8.
3. The Superintendent, Central Prison, Puzhal I, Chennai.
4. The Public Prosecutor, High Court, Madras.
+1cc to Dr.S.Manoharan, Advocate, S.R.No.96716 H.C.P.No.2398 of 2019 PA(CO) CS/08/01/2020 https://hcservices.ecourts.gov.in/hcservices/