Allowed

Noorjahan v. the Secretary to Government of Tamilnadu

Madras HC1 Jul 2019HCP/228/2019

Case brief

AI extract

What is this about?

In this habeas corpus petition, the mother of a convict secured one-month leave for marriage arrangements. The bench allowed only 15 days based on Rule 22(1) of the Tamil Nadu Suspension of Sentence Rules for offences under the Explosives Substances Act and Section 302 IPC, directing discharge with escorts.

What did the court decide?

Respondents directed to grant 15 days leave to the convict, released from prison on 16.07.2019 at 10:00 a.m. and return by 30.07.2019 at 05:00 p.m.

Noorjahan Vs the Secretary to Government of Tamilnadu — Bail and Remand | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 01..07..2019

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CORAM

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THE HONOURABLE MR JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

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HABEAS CORPUS PETITION NO.228 OF 2019

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Noorjahan

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... Petitioner/
Wife of the Detenue
-Versus-
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,
Egmore, Chennai 600008.
3.The Superintendent of Prison,
Central Prison, Coimbatore. ... Respondents
Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Habeas Corpus, directing the
respondents to grant leave for one month to the convict -
L.M.Hakkim (Convict No.10680), Son of Majidh, aged about 42
years, now, confined at Central Prison, Coimbatore.

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For Petitioner : Mr.S.Manoharan
For Respondents : Mr.C.Iyyapparaj, APP for
RR1 to 3
ORDER
[Order of the court was made by Justice M.M.SUNDRESH]

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The petitioner is the mother of the convict. This petition has been filed seeking leave for 30 days to the convict to make arrangements for his marriage.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsel for the petitioner also states that even the petitioner is suffering from illness.

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The learned Additional Public Prosecutor, on verification, has stated that the petitioner appears to be ill. However, as per Rule 22 (1) of The Tamil Nadu Suspension of Sentence Rules, 1982, the maximum period to which a convict in a case under the Explosives Substances Act apart from Section 302 of IPC is entitled to is 15 days.

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In view of the above, we are inclined to direct the respondents to grant leave for 15 days to the convict - L.M.Hakkim commencing from 16.07.2019 subject to the usual conditions that can be imposed by the respondents. The convict shall be released from the prison at 10.00 a.m. on 16.07.2019 and that the convict shall return back to the prison at 05.00 p.m. on 30.07.2019. The convict shall be accompanied by sufficient escorts.

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In the result, This Habeas Corpus Petition is disposed of accordingly with the above directions. The Registry is directed to list this matter for reporting compliance on 02.08.2019. Sd/Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar kmk 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, Egmore, Chennai 600008. 3.The Superintendent of Prison, Central Prison, Coimbatore. +1cc to Mr.S.Manoharan, Advocate, S.R.No.54715

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H.C.P.No. 228 of 2019 SJ(CO)

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RRS(09/07/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Noorjahan v. the Secretary to Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

Noorjahan v. the Secretary to Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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