Madras High CourtHCP(MD)/151/2014disposed of

Mydeen Beevi v. The Principal Secretary To

2018-03-26Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.151 of 2014 Mydeen Beevi : Petitioner Vs.

1. State of Tamil Nadu, rep. by The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Chief Secretariat, Fort. St. George, 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 Central Prison, Palayamkottai Central Prison, Tirunelveli District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents to produce the body and person of the detenu by name Sheik Sintha Madhar @ Jaffer @ Sintha, S/o.Bava Mohideen, aged about 40 years, now confining at Palayamkottai Central Prison, Tirunelveli District as life convict before this Court and set him at liberty forthwith, by extending the benefit to the petitioner's son under G.O.Ms.No.1155 Home (Prison IV) Department, dated 11.09.2008 passed by the first respondent. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VIMALA, J] This petition has been filed, seeking direction to the respondents to produce the body of the detenu, who is confined at Central Prison, Tirunelveli and to release him forthwith by extending the benefit of G.O.Ms.No.1155/Home (Prison IV) Department/2008, dated 11.09.2008.

2. The petitioner has submitted a representation seeking benefit of G.O.Ms.No.1155/Home (Prison IV) Department, dated 11.09.2008.

2.1. There is an undertaking on behalf of the learned Additional Advocate General that the representation of the petitioner would be considered and appropriate orders be passed.

3. Under such circumstances, we direct the first respondent to consider the representation of the petitioner and to pass suitable orders thereon on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

4. With the above directions, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Chief Secretariat, Fort. St. George, 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 Central Prison, Palayamkottai Central Prison, Tirunelveli District.

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

+1cc to Mr.K.A.S.Prabhu, Advocate Sr.No.58003 Rmi/das MK/SB/SAR 4/27.06.2018/3P/6C Order made in H.C.P.(MD)No.151 of 2014 Dated: 26.03.2018