Kaveri v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.2619 of 2019 Kaveri ... Petitioner vs.

1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.

2. The Superintendent of Central Prison, Vellore, Vellore District.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for issuance of Habeas Corpus directing the respondents to grant six days emergent leave to the detenue Munisamy, son of Kuppusamy, aged about 61 years, now confined at Central Prison, Vellore, the Second Respondent herein to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor *****

O R D E R

(Order of the Court was made by R.Subbiah, J) Petitioner has filed this Hebeas Corpus Petition seeking direction to the respondents to grant six days emergent leave to the detenue Munisamy, son of Kuppusamy, aged about 61 years, now confined at Central Prison, Vellore.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner submitted that the petitioner has submitted a representation to the respondents on 08.11.2019 for grant of six days emergent leave to her husband Munisamy, who is confined at Central Prison, Vellore. Since, the same has not been considered the petitioner has come forward with this petition seeking for the aforesaid relief.

4. It is submitted by the learned Additional Public Prosecutor that the detenu has availed the leave from 06.12.2019 to 10.12.2019 and he has also returned to the prison.

5. In view of the submission made by the learned Additional Public Prosecutor, as the detenu has already availed the leave for a period of five days and returned just five days back, this Court is not inclined to allow this petition. Hence,this Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar arr To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.

2. The Superintendent of Central Prison, Vellore, Vellore District.

3. The Public Prosecutor, High Court, Madras - 104. H.C.P.No.2619 of 2019 A.SK(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/