M.Thulasi Devi v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2471 of 2018 M.Thulasi Devi ... Petitioner -vs1.The State of Tamil Nadu, Rep by The Secretary to Government, Home,Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Superintendent of Prisons, Central Prison, Trichy - 20.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the petitioner's husband namely T.Mohan, S/o. Thangaraj, aged 56 years, Life Convict, now confined at Central Prison, Trichy 600 020 before this Court and set him at liberty.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to produce the petitioner's husband namely, T.Mohan, S/o. Thangaraj, aged 56 years, Life Convict, now confined at Central Prison, Trichy 600 https://hcservices.ecourts.gov.in/hcservices/

020 before this Court and to set him at liberty, the present Habeas Corpus Petition has been filed.

2. The petitioner is the wife of the convict. On 10.09.2018, the petitioner made a representation seeking premature release of the convict placing reliance upon G.O.(Ms)No.64 Home (Prison-IV) Department, dated 01.02.2018. As the same has not been considered, the present Habeas Corpus Petition has been filed.

3. The learned Additional Public Prosecutor submitted that inasmuch as the request for premature release is pending consideration, the larger prayer sought for cannot be granted.

4. We are not inclined to go into the larger prayer sought for. Admittedly, the request made by the petitioner is pending consideration with the first respondent. Accordingly, we direct the first respondent to pass appropriate orders on the petitioner's representation dated 10.09.2018, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the Habeas Corpus Petition stands disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Secretary to Government, Home,Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Superintendent of Prisons, Central Prison, Trichy - 20.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Pugalenthi, Advocate Sr.94325 H.C.P. No. 2471 of 2018 gmr[co] srg 17/12/2019 https://hcservices.ecourts.gov.in/hcservices/