Madras High CourtHCP(MD)/370/2014disposed of

R.Thandapani v. The Principal Secretary To

2018-03-26Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 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 HCP [MD]No.370 of 2014 R.Thandapani : Petitioner Vs.

The State of Tamil Nadu represented by

1. The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Chief Secretariat, St.George, Fort, Chennai-600009.

2. The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison, Madurai. 625 016.

: 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 before this Court the detenue Muruganantham 46 years, son of Rajappan @ Perumal, C.P.No.4178, presently lodged in Madurai Central Prison and set him at liberty forthwith as per the G.O.(Ms) No.840/Home (Prison IV) Department/2001 dated 12.09.2001.

For Petitioner : Mr.V.Santha Kumaresan For Respondents : Mr.K.Chellapandian Additional Advocate General Assissted 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, Madurai and to release him forthwith by extending https://hcservices.ecourts.gov.in/hcservices/

the benefit of G.O.(Ms) No.840/Home (Prison IV) Department/2001 dated 12.09.2001.

2. The petitioner has submitted a representation seeking benefit of G.O.(Ms) No.840/Home (Prison IV) Department/2001 dated 12.09.2001.

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 detenu's brother 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 Habeaus Corpus Petition is disposed of.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Chief Secretariat, St.George, Fort, Chennai-600009.

2. The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison, Madurai. 625 016.

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

DAS/RMI TE/SB/SAR-3 : 26/06/2018 : 2P/5C ORDER MADE IN HCP [MD].No.370 of 2014 26.03.2018 https://hcservices.ecourts.gov.in/hcservices/