R. Saraswathy v. Home Secretary (Prison), Home Department, Secretariat, Fort St. George, Chennai
2018-09-18
C.T.SELVAM, M.NIRMAL KUMAR
body2018
DigiLaw.ai
ORDER : C.T. SELVAM, J. The husband of the Petitioner is a life convict undergoing life imprisonment (Convict No. 631) at Central Prison, Salem, he having been convicted inter alia for offence under Section 302 IPC, such conviction having been confirmed by this Court. He also faces trial in two other Sessions cases. 2. We have heard learned counsel for petitioner, Mr. M.Mohamed Riyaz, learned Additional Public Prosecutor for respondents as also perused the counter filed by second respondent. 3. Learned counsel for petitioner submitted that petitioner is suffering serious ailments and urgently requires the assistance of her husband. 4. On submission of learned Additional Public Prosecutor that the pendency of trial in further cases against the life convict precludes Jail Authorities from granting him leave, we have called for a report from the learned II Additional District Judge, Salem on the status vis-a-vis case in S.C.No.58 of 2013 as also shown in SC No.60 of 2013 though erroneously. The report of learned II Additional District Judge in D.No.654/2018 dated 14.09.2018 informs that charges presently are be framed in SC.No.58 of 2013 and no case in SC.No.60 of 2018 is pending on the file of such Court. The typed set dated 30.07.2018 filed by learned counsel for petitioner informs that case in SC.No.60 of 2013 on the file of Principal Sub Court, Salem has entered trial. 5. In the aforesaid circumstances, we are of the considered view that it would be appropriate to direct the Superintendent of Prison, Central Prison, Salem, the second respondent herein, to release the husband of the petitioner viz., T.Radha Krishnan (Convict No.631), Son of Duraisamy, aged 42 years, on LEAVE for a period of one week from 26.09.2018 to 03.10.2018. 6. Accordingly, we pass the following order : (a) Respondents are directed to grant leave for one week to the detenu T.Radha Krishnan, convict prisoner No. 631, commencing from 26.09.2018 and concluding on 03.10.2018. The detenu shall surrender before the respondent on 03.10.2018 at 5.00 p.m. [b] The Superintendent of Central Prison, Salem is hereby directed to pass appropriate orders for releasing the detenu, granting him one week leave. [c] The Jail Authorities are directed to release the detenu, namely, T.Radha Krishnan, convict prisoner No. 631 on production of this order on 26.09.2018.
The detenu shall surrender before the respondent on 03.10.2018 at 5.00 p.m. [b] The Superintendent of Central Prison, Salem is hereby directed to pass appropriate orders for releasing the detenu, granting him one week leave. [c] The Jail Authorities are directed to release the detenu, namely, T.Radha Krishnan, convict prisoner No. 631 on production of this order on 26.09.2018. [d] It is made clear that the detenu should be brought back to the Central Prison, Salem, by 5.00.p.m. on 03.10.2018 without fail. [e] The Jail Authorities during the period of LEAVE, shall provide proper escort to the detenu in order to ensure the safety and security of the detenu at the cost of the State. They shall also impose suitable conditions to that effect. [f] The detenu should also abide by the conditions to be imposed by the authorities concerned. 7. With the above direction, this Habeas Corpus Petition shall stand closed. Post the Habeas Corpus Petition on 05.10.2018 for “Reporting Compliance”.