Madras High CourtCRL MP/18587/2019ordered

A.Mohammed Rizwan v. State Of Tamil Nadu Rep.By

2019-12-13Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan5 pages

Crl.MP.No.18587 of 2019 in HCP.No.2221 of 2019 R.SUBBIAH, J and R.PONGIAPPAN, J This Criminal Miscellaneous Petition has been filed by the son of the detenu to direct the respondents to grant extension of ordinary leave for a period of 30 days from 14.12.2019 to 13.01.2019 to his father Abdul Rahim S/o. Sheak Adam, Convict No.6851 aged about 62 years now confined in the Central Prison-1, Puzhal (Now released on leave) in Crl.M.P.No.17755 of 2019 in HCP.No.2221 of 2019.

2. The learned counsel for the petitioner submitted that this Court by order dated 28.11.2019 granted leave to the convict from 30.11.2019 to 14.12.2019 and the same expires tomorrow (14.12.2019). The petitioner has been suffering from cancer and taking treatment at Chennai Stanley Hospital. Under such circumstances, leave has been granted to get treatment for cancer. Since the detenu has not recovered from the said disease he is taking treatment in a private hospital and some more time is required for getting further treatment. 1/5

Hence the learned counsel for the petitioner seeks extension of ordinary leave for a period of 30 days from 14.12.2019 to 13.01.2020.

3. The learned Additional Public Prosecutor has represented to the effect that the prisoner/convict Abdul Rahim, S/o. Sheak Adam, is now getting treatment for cancer in a private hospital and he no objection in granting ordinary leave to the convict.

4. Considering the representation made on the side of the respondents and also considering the fact that the detenu/convict, viz., Abdul Rahim, S/o.Sheak Adam, even now is getting treatment from a private hospital, this Court is inclined to pass the following order:

5. In fine, this Criminal Miscellaneous Petition is allowed. The respondents are directed to grant leave to the detenu/convict, viz., Abdul Rahim, S/o.Sheak Adam, for a period of three weeks, from 14.12.2019 to 06.01.2020. The petitioner is directed to produce the medical reports of the prisoner/convict Abdul Rahim, S/o. Sheak Adam for the treatment he has taken to the respondents herein. 2/5

6. For reporting compliance post on 07.01.2020. [R.P.S., J] [R.P.A., J] 13.12.2019 dpq Note: Issue Order Copy on 13.12.2019 3/5

R.SUBBIAH, J and R.PONGIAPPAN, J Crl.MP.No.18587 of 2019 in HCP.No.2221 of 2019 13.12.2019 4/5

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