Indhirani, v. The Superintendent Of Central
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018
CORAM:
THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED H.C.P.(MD)No.478 of 2018 Indhirani ... Petitioner Vs.
The Superintendent of Central Prison, Central Prison, Trichy.
... Respondent PRAYER: The petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondent to produce the body of the detenu namely Murthu (convict Prisoner No.10254) son of Maniyarasamy aged about 38 years, who is undergoing sentence as life convict in Central Prison, Trichy before this Court and to release him on parole for 10 days to perform last rites and rituals for his deceased brother who expired on 06.04.2018.
For Petitioner : Mr.R.Pon Karthikeyan For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor
ORDER
(Order of the Court was made by C.T. SELVAM,J.) This petition has been filed by the wife, seeking temporary release of her husband / detenu by name, Muthu, son of Maniyarasamy, who has been detained in Central Prison, Trichy, pursuant to the conviction and sentence imposed by learned Additional District and Sessions Court, Sivagangai in S.C.No.97 of 1999 and confirmed by this Court in Crl.A.No.823 of 2002 on the ground of performing last rites and rituals for detenu's brother.
2.We have heard learned counsel for petitioner and learned Additional Public Prosecutor for the respondent and we have also perused the records carefully.
https://hcservices.ecourts.gov.in/hcservices/ 3.The main contention raised by learned counsel for petitioner
is that the detenu has already challenged the conviction and sentence before the Hon'ble Supreme Court in Crl.A.No.627 of 2012 and during the pendency of the said appeal, the detenu's brother has passed away. Although the petitioner has approached the concerned jail authorities for granting leave of her husband / detenu for performing last rites and rituals for his deceased brother, there was no positive response on their side and no permission has yet been granted and therefore, the petitioner is constrained to move this Court for temporary leave.
4.Learned Additional Public Prosecutor, on instructions confirmed the death of detenu's brother and minimum number of days can be considered for temporary release of the detenu. 5.In the circumstances, the detenu, namely, Muthu, son of Maniyarasamy, is permitted to go on leave for a period of five days starting from 13.04.2018 to 18.04.2018.
The respondent / Superintendent of Prison, Central Prison, Trichy, shall release the detenu at 5.00 p.m. on 13.04.2018 upto 18.04.2018 with usual escort and after expiry of the period, the detenu shall surrender himself before the Superintendent of Prison, Central Prison, Trichy, before 6.00 p.m. on 18.04.2018.
6.This petition is ordered accordingly.
Post for reporting compliance on 19.04.2018.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Central Prison, Central Prison, Trichy.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO Mr.R.PON KARTHIKEYAN, ADVOCATE IN SR No.60754 SJ TE/SKN-RSK/SAR-3 : 12/04/2018 : 2P/4C H.C.P.(MD)No.478 of 2018 11.04.2018 https://hcservices.ecourts.gov.in/hcservices/