IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.09.2017 CORAM:
THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1652 of 2017 S.Glory ....
Petitioner vs.
The State, rep.by its
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, Palayamkottai ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the respondents to extend the leave from 13.09.2017 for three months to the detenue D.Oliver, son of Devadasan, aged about 55 years, life Convict No.3452, detained at Central Prison, Palayamkottai.
http://www.judis.nic.in For Petitioner : Mr. S.Manoharan 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 extension of leave from 13.09.2017, for a period of three months, since the detenu/prisoner, by name, D.Oliver, son of Devadasan, is getting treatment for cancer.
2. It is averred in the petition that the detenu, viz., D.Oliver, son of Devadasan, aged 55 years, is a live convict. He has been suffering from cancer. Under such circumstances, leave has been granted to get treatment for cancer. Since he has not been recovered from the said decease, some more time is required for getting further treatment. Under such circumstances, the present petition has been filed.
3. Mr.V.M.R.Rajentran, learned Additional Public Prosecutor has taken notice for the respondents.
4. The learned Additional Public Prosecutor has represented to the effect that the prisoner/life convict D.Oliver, son of Devadasan, is now getting treatment for cancer in Thiruvananthapuram Regional http://www.judis.nic.in Cancer Center.
5. Considering the representation made on the side of the respondents and also considering the fact that the detenu/life convict, viz., D.Oliver, son of Devadasan, even now is getting treatment from the said hospital, this Court is inclined to pass the following order:
In fine, this habeas corpus petition is allowed. The respondents are directed to grant leave to the detenu/life convict, viz., D.Oliver, son of Devadasan, for a period of three months, from 13.09.2017.
Index:Yes/no msk To
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, Palayamkottai http://www.judis.nic.in4.The Public Prosecutor, High Court, Madras (A.S.J.) (P.K.J.) 05.09.2017 A.SELVAM,J.
AND P.KALAIYARASAN,J.
msk H.C.P.No.1652 of 2017 05.09.2017 http://www.judis.nic.in