Madras High CourtHCP(MD)/341/2014dismissed for default

Veerachamy v. The Principal Secretary To

2019-07-03Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 03.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P. (MD) NO. 341 OF 2014 Veerachamy .. Petitioner - Vs -

1. The State of Tamil Nadu rep. by the Prl. Secretary to Govt.

Home (Prison) Department Tamil Nadu Government Chief Secretariat Fort St. George, Chennai 600 009.

2. The Addl. Director General of Police Inspector General of Prisons CMDA Towers II No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Superintendent of Prison Trichy Central Prison, Trichy.

4. The Superintendent of Prison Tirunelveli Central Prison Palayamkottai, Tirunelveli.

5. The Superintendent of Prison Cuddalore Central Prison Cuddalore.

.. Respondents Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus directing the respondents to produce the person or body of the detenu, viz., Muthusamy, S/o Veerachamy, aged about 36 years, now confined at Cuddalore Central Prison as life convict No.15129 before this Hon'ble Court and set her at

liberty forthwith by extending the benefit to the petitioner under G.O. (Ms.) No.1155 Home (Pri IV) Department dated 11.09.2008. For Petitioner : No Appearance For Respondents : Mr.K.Chellapandian, AAG assisted by Mr. K.Dinesh Babu, APP

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) Learned counsel for the petitioner continued to remain absent despite the matter being on several occasions and, therefore, the matter was posted today under the caption 'For Dismissal'. Even today, there is no representation on behalf of the petitioner.

2. Learned Addl. Advocate General, assisted by Mr.Dinesh Babu, learned Addl. Public Prosecutor, on instructions, submit that the antecedents of the detenu is very bad and even while he is under incarceration, he is guilty of committing very many offences in prison and his case for premature release also came to be rejected by passing G.O. (D) No.701 dated 31.5.2017 by the Home (Prison IV) Department, Government of Tamil Nadu.

3. In view of the above and in view of the fact that there is no representation for the petitioner, this habeas corpus petition is dismissed for default.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) GLN To

1. The Principal Secretary to Govt.

Home (Prison) Department Tamil Nadu Government Chief Secretariat Fort St. George, Chennai 600 009.

2. The Addl. Director General of Police Inspector General of Prisons CMDA Towers II No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Superintendent of Prison Trichy Central Prison, Trichy.

4. The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai.

5. The Superintendent of Prison Tirunelveli Central Prison Palayamkottai, Tirunelveli.

6. The Superintendent of Prison Cuddalore Central Prison Cuddalore.

Copy to:

The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P. (MD) NO. 341 OF 2014 03.07.2019 PBK (19.07.2019) 5P : 8C