IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.2818 of 2015 A.Amutha @ Arokiamary .. Petitioner Vs
1. The State of Tamil Nadu, rep by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. The Additional Director General of Police and Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.
3. The Superintendent of Prisons, Central Prison, Cuddalore. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the respondents to produce the petitioner's husband, namely, Anthonysamy, son of Jeyaraj, aged about 58 years, now confined in the Central Prison, Cuddalore, before this court and to release the petitioner's husband on medical grounds.
For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.V.M.R.Rajentran, APP ORDER [Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed, seeking a direction to the respondents to produce the petitioner's husband, namely, Anthonysamy, aged about 58 years, son of Jeyaraj, now confined in the Central Prison, Cuddalore, before this court and to release him, on medical grounds.
2 We have heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the State.
3 The learned counsel appearing on behalf of the petitioner had submitted that the husband of the petitioner is a life convict and he has been serving his sentence of life imprisonment, in the Central Prison, Cuddalore. It has been further submitted that the petitioner's husband had already completed more than 10 years of imprisonment, as a life convict. The petitioner had stated that her husband is seriously ill and he has been taking treatment, in the Prison Hospital, Central Prison, Cuddalore. Therefore, he is eligible to be considered for premature release. The learned counsel appearing on behalf of the petitioner had further submitted that the petitioner had sent a representation, dated 26.10.2015, to the Secretary, Home Department, Government of Tamil Nadu, to consider her husband, for premature release. However, the said representation was not considered. Therefore, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, is directed to dispose of the representation, dated 26.10.2015, on merits and in accordance with law, within a specified period.
4 The learned Additional Public Prosecutor appearing on behalf of the respondents has submitted that the representation of the petitioner had been considered and a reply had been sent to the petitioner.
5 In view of the said submission made by the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents, this Court finds it appropriate to direct the respondents to furnish a copy of the reply to the petitioner. Accordingly, a direction is issued to the respondents to furnish a copy of the reply to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the copy of the reply, it may be open to the petitioner / convict concerned, to challenge the same, before the appropriate forum or the authority, in the manner known to law, if so advised. The Habeas Corpus Petition is closed, with the above directions.
[M.J.,J.] [T.M.,J.] 14.02.2017 vvk To
1. The Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. The Additional Director General of Police and Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.
3. The Superintendent of Prisons, Central Prison, Cuddalore.
4. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
AND T.MATHIVANAN, J.
vvk H.C.P.No.2818 of 2015 14.02.2017 http://www.judis.nic.in