Karuppan v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Habeas Corpus Petition (MD) No.420 of 2017 Karuppan ... Petitioner vs.

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

... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India directing the respondents to produce the detenu by name Karuppan, son of Kathan, aged about 66 years now lodged and confined at Central Prison, Madurai before the Hon'ble Court and set him at liberty under Tamil Nadu Prison Rules 1983 and in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor

O R D E R

(Order of the Court was made by T.S.SIVAGANAM,J.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

2. The learned Additional Public Prosecutor submitted that the Probationary Officer's report has been received and the report of the District Collector, Madurai is awaited.

https://hcservices.ecourts.gov.in/hcservices/

3. Considering the facts of the case, we issued the following directions:

(i) The District Collector, Madurai is directed to submit a proper report as called for within a period of four weeks from the date of receipt of a copy of this order;

(ii) On receipt of the report from the District Collector, the respondents are directed to place the matter before the Advisory Board within a period of three weeks thereafter; and (iii) On receipt of the proposal from the Advisory Board, the Government is directed to take a decision on such proposal within a period of six weeks from the date of receipt of such proposal is received from the Advisory Board.

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

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government of TamilNadu, Home (Prison) Department, Secretariat, St.George Fort, 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 Prison, Madurai Central Prison, Madurai District.

+1 CC to M/s.R.ALAGUMANI, Advocate, SR No. 52163 SSL/MYR PSM/RR/25.04.2017/2P/5C H.C.P.(MD)No.420 of 2017 13.04.2017 https://hcservices.ecourts.gov.in/hcservices/