Ayogbe Mercy Kokome v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ayogbe Mercy Kokome ... Petitioner Vs.

1.The State of Tamilnadu Rep by Principal Secretary to Government (FAC) Public (Foreigners ) Department, Secretariat, Chennai 600 009

2. The District Collector cum Camp Officer Special Camp for Foreigners, Central Prison Campus, Tiruchirapalli.

3. The Inspector of Police Kattur Police Station, Coimbatore (Cr.No.285 of 2021)

4. The Inspector of Police CBI/ACB, Chennai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 1st respondents herein to consider the representation of the petitioner's husband dated 18.07.2023 forwarded from the file of 2nd respondent in accordance with law and permit petitioner's husband to reside along with

them till the completion of trial in Cr.No.285/2021. For Petitioner : Mr. R.Vivekananthan For Respondents : Mr.K.M.D.Muhilan Govt. Advocate (Crl.side) for R1 to R3 Mr.K.Srinivasan for R4 Special Public Prosecutor for CBI cases

O R D E R

This Writ Petition is filed to consider the representation of the petitioner's husband dated 18.07.2023 forwarded from the file of 2nd respondent in accordance with law and permit petitioner's husband to reside along with them till the completion of trial in Cr.No.285/2021.

2. Earlier, this Court, vide order dated 10.01.2024, has granted an interim direction. The relevant portion of the same is extracted hereunder:

'9. In the light of the above, there shall be a direction to the 1st and 2nd respondents to release the petitioner's husband namely O.NathanIkechukwu from the special camp at Tiruchirapalli on or before 15.01.2024. O.NthanIkechukwu shall stay with the petitioner and their family at Bangalore. The address and the contact number shall be provided to the Inspector of Police, CBI/ACB/Chennai. This will enable

the CBI to be in touch with O.NathanIkechukwu in case they require any clarification. This arrangement will continue until further orders are passed by this Court.

10. Post this case under the caption "for passing further orders" on 11.03.2024.'

3. Pursuant to the abovesaid order passed by this Court in this writ petition, the respondents 1 and 2 have released the petitioner's husband from the Special Camp at Tiruchirapalli and now he is staying with his family members.

4. This Court hereby directs that the same shall be continued till the disposal of the criminal cases pending as against the petitioner's husband.

5. With the above direction, this writ petition is disposed of . No costs.

20.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order msr

G.K.ILANTHIRAIYAN, J.

msr To 1.The State of Tamilnadu Rep by Principal Secretary to Government (FAC) Public (Foreigners) Department, Secretariat, Chennai 600 009

2. The District Collector cum Camp Officer Special Camp for Foreigners, Central Prison Campus, Tiruchirapalli.

3. The Inspector of Police Kattur Police Station, Coimbatore

4. The Inspector of Police CBI/ACB, Chennai.

5. The Public Prosecutor, High Court, Madras, Chennai.