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Madras High CourtHCP/2852/2019disposed of

F.Shakila Banu v. Union Of India

2019-12-16Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan3 pages

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.2852 of 2019 F.Shakila Banu ... Petitioner vs.

1.Union of India Rep by The Deputy Director Director of Enforcement Chennai Zonal Office 2nd & 3rd Floor Murugesanaigar Complex No.84, Greams Road, Chennai 600 006.

2. The Superintendent of Prison Central Prison-2 Puzhal, Chennai.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for issuance of Habeas Corpus directing the respondents to produce the petitioner's husband namely Mr.Mohamed Feroz S/o. Abdul Shukoor, under Trial prisoner, now confined in Central Prison-2, Puzhal, Chennai before this Court and to release him on leave for a period of five days in accordance with law.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.N.Ramesh Senior panel counsel for R1 Mr.R.Prathap Kannan Additional Public Prosecutor for R2

ORDER

(Order of the Court made by R.Subbiah, J) Petitioner has filed this Hebeas Corpus Petition seeking direction to the respondents to produce the petitioner's husband namely Mr.Mohamed Feroz S/o. Abdul Shukoor, under Trial prisoner, now confined in Central Prison-2, Puzhal, Chennai before this Court and to release him on leave for a period of five days in accordance with law.

2. Heard the learned counsel for the petitioner and learned Additional Senior panel counsel for the first respondent as well as the learned Additional Public Prosecutor for the second respondent.

3. The petitioner is the wife of the under trial prisoner Mr.Mohamed Feroz. Her husband was arrested by the first respondent in connection with the case in F.NO.ECIR/CEZO/13/2017 and remanded to judicial custody. After filing the charge sheet, the case is now pending in C.C.No.2 of 2018, before the XII Additional Sessions Judge, CBI Cases, Chennai for trial. 3.Whileso, the grand mother of the prisoner Ms.Zubeth beevi, aged 74 died on 15.12.2019 at 4.50 pm due to illness and the funeral of the grand mother aforesaid is to be conducted on 16.12.2019 (today) at 6.00 P.M. and hence the petitioner has come forward with this petition seeking for the aforesaid relief.

4. Today, the detenu as well as the petitioner are present before this Court and we have enquired the parties.

5. This Court on considering the aforesaid circumstances disposes of the present petition with a direction to the second respondent to grant Parole to the detenue namely Mr.Mohamed Feroz S/o. Abdul Shukoor, under Trial prisoner, now confined in Central Prison-2, Puzhal, Chennai and release him by 4.00 pm with escort today so as to enable him to attend the funeral ceremony of his grand mother. The detenu is directed to report to the second respondent tomorrow (17.12.2019) at 5.00 pm and on being present, the second respondent shall confine him to custody.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

To

1. The Deputy Director Union of India Director of Enforcement Chennai Zonal Office 2nd & 3rd Floor Murugesanaigar Complex No.84, Greams Road, Chennai 600 006.

2. The XII Additional Sessions Judge, CBI Cases, Chennai.

3. The Superintendent of Prison Central Prison-2 Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras, Chennai.

+1 cc to M/s.P.Pugalenthi,Advocate Sr.No. 104445 +1 cc to Mr.N.Ramesh, Special Public Prosecutor, Sr.No. 104472 AKM/16.12.19/3P-7C / H.C.P.No.2852 of 2019