Madras High Court
Thaiyalnayagi vs The State Of Tamil Nadu on 6 March, 2020
Author: N.Kirubakaran
Bench: N.Kirubakaran, R.Hemalatha
H.C.P.No.489 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 6/3/2020
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE R.HEMALATHA
H.C.P.No.489 of 2020
Thaiyalnayagi ... Petitioner
Vs
1. The State of Tamil Nadu
rep. By its Secretary
Home Department
Fort St. George
Chennai 600 009.
2. The Additional Director General of Police
(Prison)
Egmore
Chennai 600 008.
3. The Superintendent of Prison
Cuddalore Central Prison
Cuddalore 607 004. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus to direct the third respondent to
grant one month parole to the petitioner's son Mr.Dhanakanthan, S/o.
Mr.Dhakshnamoorthy, convict prisoner (CT No.15248) aged about 40 years,
confined in Central Prison, Cuddalore for taking care of his health for post
operative period by considering the representation dated 18/10/2019.
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H.C.P.No.489 of 2020
For Petitioner : Mr.R.Chakaravarthy
For Respondents : Mr.R.Prathap Kumar
Additional Public Prosecutor
*****
ORDER
[Order of this Court was made by N.KIRUBAKARAN, J] Petitioner's son is a life convict and he has underwent surgery in spinal cord, after obtaining permission from this Court, in Pondicherry Institute of Medical Sciences. The present petition has been filed, seeking permission, for thirty days, to go for a review.
2. Heard Mr.R.Chakkaravarthy, learned counsel for the petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor for the respondents.
3. It is evident from the records that discharge summary issued by Pondicherry Institute of Medical Sciences, dated 26/10/2019, petitioner's son had underwent C3-C6 Posterior Cervical Laminectomy with lateral mass fixation and fusion under general anesthesia, on 3/10/2019. It is further evident from the discharge summary that the petitioner's son has to go for a review after six months. Since the surgery has been done in the month of 2/4 http://www.judis.nic.in H.C.P.No.489 of 2020 October, it is appropriate to grant leave for a period of fifteen days, without Police escort, to the petitioner's son, viz., Mr.Dhanakanthan, S/o. Mr.Dhakshinamoorthy, convict prisoner (CT No.15248) aged about 40 years, now confined in Central Prison, Cuddalore, commencing from 7/3/2020 to 16/3/2020. During the said period, the convict shall appear before Kurinjipadi Police Station, once in four days, at 11.00 a.m.
4. With the above directions, Habeas Corpus Petition is disposed of.
[N.K.K., J] [R.H., J]
th
6 March 2020
mvs.
Index:yes/no
Internet:yes
Note: Issue today.
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H.C.P.No.489 of 2020
N.KIRUBAKARAN,J
and
R.HEMALATHA,J
mvs.
To
1. The State of Tamil Nadu
rep. By its Secretary
Home Department
Fort St. George
Chennai 600 009.
2. The Additional Director General of Police (Prison) Egmore Chennai 600 008.
3. The Superintendent of Prison Cuddalore Central Prison Cuddalore 607 004.
H.C.P.No.489 of 2020
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