IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.03.2017 CORAM THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2018 of 2016 Gowthaman Petitioner Vs
1. The State represented by its The Secretary to Government of Tamil Nadu Department of Home, Fort St. George, Chennai – 600 009.
2. The Additional Director General of Prison C.M.D.A Towers, Egmore, Chennai – 600 008.
3. The Superintendent, Central Prison, Salem. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS or any other writ order or direction in the nature of a writ directing the respondents to grant leave for 30 days to the detenu Mr.M.Saravanan, aged 38 years son of M.Munusamy, Convict No.7309 detained at Central Prison, Salem.
[Order of the Court was made by S.NAGAMUTHU.J] The petitioner's husband Mr.M.Saravanan, male, aged about 38 years, is the life convict, lodged in Central Prison, Salem. According to the petitioner, she made a request on 29.08.2016, seeking leave for 30 days for the detenu. That was not considered is the grievance of the petitioner. Hence, she is before this court, with this Habeas Corpus Petition.
2.In the counter affidavit filed by the Superintendent of Police, Salem, it is stated that in the year 2016 alone, on four spells, the detenu was granted leave for a total period of 15 days. Hence, the petitioner cannot expect to grant leave to the detenu often, so as to avoid him being in prison. Thus, in our considered view, petitioner is not entitled for the relief as sought for in the petition. Accordingly, the Habeas Corpus Petition is dismissed.
Speaking order/non speaking order Index:Yes/No jbm/jer To [S.N.,J.] [A.S.M.,J.] 20 March 2017
1. The Secretary to Government of Tamil Nadu Department of Home, Fort St. George, Chennai – 600 009.
2. The Additional Director General of Prison C.M.D.A Towers, Egmore, Chennai – 600 008.
3. The Superintendent, Central Prison, Salem.
4. The Public Prosecutor, High Court, Madras.
S.NAGAMUTHU, J.
AND ANITA SUMANTH, J.
jbm/ jer H.C.P.No.2018/2016 20.03.2017 http://www.judis.nic.in