Pandiyammal v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)No.242 of 2019 Pandiyammal : Petitioner Vs.

1.The State of Tamil Nadu rep. By the Principal Secretary to the Government, Home (Prison) Department, State of Tamil Nadu Secretariat, St. George Fort, Chennai.

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

3.The Superintendent of Prison Madurai Special Prison for woman Madurai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the petitioner by name Pandiyammal, wife of Kasimayan, aged about 56 years now lodged and confined at Madurai Special Prison for woman before this Court and set the detenue at liberty, under Tamil Nadu Prison Rules 1983 and in accordance with law.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

It is the case of the petitioner that she is a life convict, undergoing imprisonment for the last 16 years and that she has given a representation dated 22.02.2018 seeking release under the Advisory Board Scheme.

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2.Today, R.Jeyakumar, Junior Assistant, Central Prison, Madurai is present before this Court.

3.On instructions, the learned Additional Public Prosecutor submitted that the report of the Probation Officer has been received by the second respondent and the report of the District Collector is awaited.

4.In view of the elections to the Parliament, it is imperative to give sufficient time to the District Collector to send the required report to the Advisory Board. Therefore, we direct the District Collector, Madurai, to send a report to the Advisory Board within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Secretary to the Government, State of Tamil Nadu, Home (Prison) Department, Secretariat, St. George Fort, Chennai.

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

3.The District Collector, Madurai.

4.The Superintendent of Prison Madurai Special Prison for woman Madurai District.

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

+1 CC to M/s.R.ALAGUMANI, Advocate in SR-56741 H.C.P.(MD)No.242 of 2019 25.03.2019 rr PK/23.04.2019 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/