P.Jeyapratha v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in H.C.P. (MD) No.2124 of 2022 P.JEYAPRATHA ... PETITIONER/WIFE OF THE DETENU Vs 1 THE STATE OF TAMILNADU, THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, FORT ST.GEORGE, CHENNAI-600009.
2 THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR / DISTRICT MAGISTRATE, THOOTHUKUDI DISTRICT, THOOTHUKUDI.
3 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT, THOOTHUKUDI.
4 THE SUPERINTENDENT OF PRISON PALAYAMKOTTAI CENTRAL PRISON, TIRUNELVELI DISTRICT.
5 THE STATE REP.BY, THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.
(CRIME NO.387/2022).
... RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the respondents to grant 3 days temporary leave to the detenu by name Paramasivan @ Pandhalraja, aged 34 years, S/o.Sudalaimuthu Pillai, now confining as Goonda at District Jail Perurani under preventive detention by the order passed by R2 in vide his order in H.S(M).Confdl.No.242/2022 dated 15.11.2022 for attend the funeral ceremonies of his father namely Sudalaimuthu Pillai forthwith.
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Prayer in Habeas Corpus Petition(MD) No.2124/ 2022 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to issue a Writ of Habeas Corpus or any other appropriate writ or order or direction in nature of writ call for the records relating to the Detention order in H.S (M) Confdl.No.242/2022 dt.15.11.2022 on the file of the 2nd respondent and quash the same and directing the respondents to produce the Corpus of the detenu namely S.Paramasivan @ Pandhalraja, S/O.Sudalaimuthu Pillai, aged about 34 years, detained in Central Prison, Palayamkottai before this Hon'ble Court and set him at liberty.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ALAGUMANI R, Advocate for the petitioner and of M/S.A.THIRUVADIKUMAR, Additional Public Prosecutor on behalf of the Respondents the court made the following order:- The prayer sought for in this Criminal Miscellaneous Petition is to direct the respondents to grant 3 days temporary leave to the detenu by name Paramasivan @ Pandhalraja, aged 34 years, S/o. Sudalaimuthu Pillai, now confined as Goonda at District Jail, Perurani, under preventive detention by the order of second respondent, pursuant to which, the request of the petitioner having been considered by the respondent jail authorities for 12 hours parol with escort between 14.03.2023 7.00 p.m. and 15.03.2023 6.50 a.m. was granted and the detenu returned back to the jail on 15.03.2023 at 6.50 a.m. This has been recorded by the proceedings of the Superintendent of the Palayamkottai Central Prison in his proceedings dated 15.03.2023.
2. In view of the aforestated action taken by the respondents by recording the same, we feel this Criminal Miscellaneous Petition can be closed, accordingly is closed.
sd/- 17/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, FORT ST.GEORGE, CHENNAI-600009.
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2 THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR / DISTRICT MAGISTRATE, THOOTHUKUDI DISTRICT, THOOTHUKUDI.
3 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT, THOOTHUKUDI.
4 THE SUPERINTENDENT OF PRISON PALAYAMKOTTAI CENTRAL PRISON, TIRUNELVELI DISTRICT.
5 THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in H.C.P. (MD) No.2124 of 2022 Date :17/03/2023 RK/CG/SAR-2(23/03/2023) 3P/7C 3/3