IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.09.2017 CORAM:
THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1683 of 2017 G.Gobu Petitioner vs.
1. The State of Tamil Nadu, rep.by its Secretary, Department of Home, Fort St.George, Chennai-600 009
2. The Additional Director of Police & Incharge of Prisoner, Office of the Central Jail, C.M.D.A.Towers, Gandhi Irwin Road, Egmore, Chennai.
3. The Superintendent of Central Prison, Central Prison, Puzhal-I, Chennai District ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to grant one week parole to G.Sudhakar, son of Late Gopalasamy, aged about 35 years, life convict, now confined at Central Prison, Puzhal-I, Chennai, for participating in the final rites of his father.
http://www.judis.nic.in For Petitioner : Mr.T.Elumalai For Respondents : Mr.V.M.R.Rajentren, Addl.P.P.
ORDER (Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the respondents to grant one week leave to G.Sudhakar (life convict), aged 35 years, son of Gopalsamy, for the purpose of participating in the final rites of his father.
2. It is averred in the petition that the father of the detenu has passed away on 28.08.2017. Further it is averred in the petition that the detenu G.Sudhakar is a life convict and housed in Central Prison, Puzhal. Under such circumstances, the present petition has been filed.
3. On the side of the respondents counter has not been filed.
4. Considering the averments made in the petition and also considering the purpose mentioned therein, this Court is inclined to pass the following order:
http://www.judis.nic.in In fine, this habeas corpus petition is allowed. The third respondent, viz., the Superintendent of Central Prison Puzhal-I, Chennai, is directed to grant leave to the detenu, viz., G.Sudhakar, son of Gopalsamy, from 12.09.2017 to 19.09.2017 on fulfillment of the conditions as stated infra:
(1) The detenu, viz., G.Sudhakar, should execute a bond to the tune of Rs.5000/- (Rupees five thousand only) with two sureties each for a like sum to the satisfaction of the third respondent, viz., the Superintendent of Prisons, Central Prison Puzhal-I, Chennai.
(2) The third respondent is directed to provide adequate police protection, at the cost of Government.
Further it is directed that the detenu shall surrender before the third respondent on 20.09.2017, at about 10.00 a.m. without fail.
Index:Yes/no msk To
1. The Secretary, Department of Home, (A.S.J.) (P.K.J.) 12.09.2017 http://www.judis.nic.in Fort St.George, Chennai-600 009
2. The Additional Director of Police & Incharge of Prisoner, Office of the Central Jail, C.M.D.A.Towers, Gandhi Irwin Road, Egmore, Chennai.
3. The Superintendent of Central Prison, Central Prison, Puzhal-I, Chennai District
4. The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in A.SELVAM,J.
AND P.KALAIYARASAN,J.
msk H.C.P.No.1683 of 2017 12.09.2017 http://www.judis.nic.in