Thangam vs The Home Secretary on 5 March, 2019

[Cites 4, Cited by 0]

Madras High Court

Thangam vs The Home Secretary on 5 March, 2019

Bench: M.Sathyanarayanan

                                                              1

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED 05.03.2019

                                                        CORAM

                          THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN

                                                            AND

                            THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

                                                HCP.No.327 of 2019

                      Thangam                                                             .. Petitioner
                                                            Versus

                      1.The Home Secretary,
                        Home Department,
                        Secretariat, Fort St.George,
                        Chennai.

                      2.The Superintendent of Police,
                        Central Prison, Cuddalore District.                        .. Respondents

                      Prayer:- Petition filed under Article 226 of the Constitution of India
                      praying for issuance of a writ of habeas corpus directing the respondents
                      to grant parole for thirty days to the petitioners son Manikandan @
                      Kalaimani (Prisoner No.14935) aged 34 years, now confined in the
                      Central prison, Cuddalore, before the Court and further directing the
                      respondents to consider him immediately for the parole and for
                      consequential orders.


                                   For Petitioner       :         Mr.M.Omprakash
                                   For Respondents :              Mr.C.Iyyappa Raj, APP



http://www.judis.nic.in
                                                           2

                                                       ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] The petitioner is the mother of the detenu and according to him, the detenu was convicted in S.C.No.130 of 2012 on the file of Mahila Court for the commission of offence under Section 302 IPC and the appeal preferred by him in Crl.A.No.385 of 2013 was also dismissed so also Special Leave Petition. The learned counsel appearing for the petitioner would submit the detenu has two daughters and one daughter is aged about 6 years and she is in the care and custody of the petitioner herein and another daughter, namely Divya, who is about 8 months old passed away and for the purpose of making arrangements for the well being of her grand daughter, she requires the presence of her son / detenu for some time and therefore, prays for appropriate orders.

2. Per contra, Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the respondent / State would submit that in the light of the fact that the detenu has also been convicted for the commission of offence under Sections 392 read with 397 IPC shall not entitled for ordinary leave as per Rule 21 (b) of the Tamil Nadu Suspension of Sentence Rule, 1982.

http://www.judis.nic.in 3

3. This Court has carefully considered the rival submission and also perused the material placed before it.

4. A perusal of the materials and the consideration of the submission made by the respective learned counsel appearing for the parties would disclose that pending disposal of the appeal before this Court, the suspension of sentence has been suspended and on dismissal of the appeal, the detenu has surrendered. It is also brought to the knowledge of this Court by the learned Additional Public Prosecutor that the petitioner during the period of incarceration and apart from conviction and sentence imposed, did not have any adverse case/came to adverse notice.

5. In the light of the materials placed and the submissions made by the respective learned counsel appearing for the parties, this Court is inclined to direct the 2nd respondent to order temporary release subject to certain conditions.

http://www.judis.nic.in 4 M.SATHYANARAYANAN, J., AND M.NIRMAL KUMAR, J., sk

6. In the result, this Habeas Corpus Petition is disposed of and the detenu shall be released on temporary leave for a period commencing from 08.03.2019 at 11.00 A.M and he shall come back to the prison on or before 15.03.2019 at 04.00 P.M and sufficient police escort shall also be provided for the safety and protection of the detenu and he also shall extend his maximum cooperation for the same.

Call on 20.03.2019, ''For Compliance''.




                                                                   [M.S.N., J]   [M.N.K., J]
                                                                        05.03.2019
                      Internet     : Yes
                      Index        :No
                      sk
                      Note:Issue Order copy on 07.03.2019.
                      To
                      1.1.The Home Secretary,
                        Home Department,

Secretariat, Fort St.George, Chennai.

2.The Superintendent of Police, Central Prison, Cuddalore District.

3.The Public Prosecutor High Court, Madras.

HCP.No.327 of 2019

http://www.judis.nic.in

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