Court granted one day parole to a detained father to facilitate property registration for his family expenses, directing surrender by evening, and disposed of the habeas corpus petition under Article 226.
Granted one day ordinary leave on 12.04.2019 between 11:00 A.M and 4:30 P.M to complete property registration, with requirement to surrender by 5:00 p.m. same day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.04.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.521 of 2019
Vijaya Kumar .. Petitioner
Versus
1.The Home Secretary,
The Department of Prisons,
Fort St.George,
Rajaji Road, Chennai.
2.The Additional Deputy General of Prisons,
Department of Prisons,
Whannels Road,
Egmore, Chennai-600 008.
3.The Superintendent of Prisons,
The Central Prison, Puzhal,
Chennai.
4.The Inspector of Police,
Special Police Establishment,
Central Bureau of Investigation,
Anti Corruption Branch,
3 rd Floor,Shasthri Bahavan,
Haddows Road, Chennai.
(4 th Respondent impleaded as per order dated.25.03.2019
and made in CRL MP. 4248/19 in HCP.521/19)
.. Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call and direct the respondents to consider his representation dated 04.03.2019 and direct the 3rd respondent herein to produce his father Rathinavel, aged about 61 years, S/o Ariyappan who is in the Imprisonment and in the custody of 3rd respondent herein and grant 1 days ordinary leave.
For Petitioner : Mr.S.Silambu Selvan For Respondents: Mr.C.Iyyappa Raj Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] The petitioner is the son of the detenu, who was arrayed as A4 in C.C.No.66 of 2014 on the file of the Court of 11th Additional Judge for CBI cases, Chennai and vide judgment dated 19.05.2009, he was convicted for the commission of offences under Sections 120-B r/w 420 IPC and under Section 5(2) r/w 5(1)(d) of PC Act, 1947 and Section 13(2) r/w 13(1)(d) of PC Act, 1988 and also under Section 419 IPC. The Trial Court has imposed with a sentence of Rigorous Imprisonment for 2 years and 3 years respectively and to pay a fine of Rs.5,000 in default to undergo Rigorous Imprisonment for 6 months in respect of the commission of each of the offences and challenging the same, he filed an appeal in Crl.A.No.258 of 2018 and rest of the accused also filed appeals in Crl.A.Nos.265, 281, 287 and 301 of 2009. A Single Bench of this Court vide impugned common judgment dated 23.01.2018 confirmed the conviction and however, reduced the sentence to two years rigorous imprisonment in respect of the detenu and at present, he is lodged at Central Prison, Puzhal, Chennai and undergoing the said sentence.
of one day on 12.04.2019 between 11.00 A.M and 04.30 P.M so as to enable him to complete the registration formalities in respect of the said property and on compliance of the same, he shall surrender/return back to the Central Prison, Puzhal, Chennai on the same day before 5.00 p.m.
Accordingly, the Habeas Corpus Petition is disposed of.
Sd/Assistant Registrar(CS viii) //True Copy//
Sub Assistant Registrar sk To 1.The Home Secretary, The Department of Prisons, Fort St.George, Rajaji Road, Chennai. 2.The Additional Deputy General of Prisons, Department of Prisons, Whannels Road, Egmore, Chennai-600 008. 3.The Superintendent of Prisons, The Central Prison, Puzhal, Chennai. 4.The Inspector of Police, Special Police Establishment, Central Bureau of Investigation, Anti Corruption Branch, 3rd Floor,Shasthri Bahavan, Haddows Road, Chennai. 5.The Public Prosecutor High Court, Madras. +1cc to Mr.S.Silambu Selvan , Advocate SR.No. 35459 HCP.No.521 of 2019 A.SK(11/04/2019)
1 issue framed by the court
Whether a detained person convicted and sentenced can be granted ordinary leave to dispose of ancestral property for family expenses.
Vijaya Kumar
The Home Secretary, The Department of Prisons, Fort St.George, Rajaji Road, Chennai
The Additional Deputy General of Prisons, Department of Prisons, Whannels Road, Egmore, Chennai-600 008
The Superintendent of Prisons, The Central Prison, Puzhal, Chennai
The Inspector of Police, Special Police Establishment, Central Bureau of Investigation, Anti Corruption Branch, 3 rd Floor,Shasthri Bahavan, Haddows Road, Chenn
M.Sathyananan
M.Nirmal Kumar
As recorded by the court registry
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