Madras High CourtHCP(MD)/216/2019disposed of

Bagavathi v. The Principal Secretary To

2019-03-01Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.216 of 2019 Bagavathi ... Petitioner -vs1.The State of Tamil Nadu, Rep. By The Principal Secretary to Government Home Prohibition & Excise Department Fort St.George, Secretariat Chennai-9 2.The Additional Director General of Police / Inspector General of Prisons C.M.D.A.Towers II No.1, Gandhi Irvin Road Egmore, Chennai-8 3.The Superintendent of Prison Madurai Central Prison Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to release the petitioner's husband namely Samuvel son of Sirvan, aged about 45 years, now confining at Madurai central prison under premature release on the basis of the G.O.Ms.No.64, Home (Pri IV) Department, dated 01.02.2018 and by considering representation submitted by the petitioner dated 13.02.2019 within the time stipulated by this Court.

For Petitioner :

Mr.R.Alagumani For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by B.PUGALENDHI, J.] It is the case of the petitioner that her husband Samuvel, son of Sirvan, life convict No.5704, lodged in Central Prison, Madurai, would be entitled to the benefits of G.O.Ms.No.64, Home (Prison-IV) Department, dated 01.02.2018. In this regard, it is stated that the petitioner has sent a representation to the respondents by Post, on 13.02.2019, but to no avail. https://hcservices.ecourts.gov.in/hcservices/

2. Be that as it may, this Court directs the respondents to consider the case of the detenu and if he is entitled to the benefits of the above said Government Order, the same may be extended to him, in accordance with law.

3. With the above direction, the habeas corpus petition is disposed of.

Sd/- Assistant Registrar (W) / True Copy / Sub Assistant Registrar(CS) To:

1.The Principal Secretary to Government, Home Prohibition & Excise Department, Fort St.George, Secretariat, Chennai-9.

2.The Additional Director General of Police / Inspector General of Prisons, C.M.D.A.Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.216 of 2019 01.03.2019 ES/19.03.2019/3P/5C https://hcservices.ecourts.gov.in/hcservices/