N.Parthasarathy, Aged 66 Years v. State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2018

CORAM:

THE HON'BLE Dr. JUSTICE S.VIMALA AND THE HON'BLE MRS. JUSTICE S.RAMATHILAGAM Habeas Corpus Petition No.1239 of 2018 N.Parthasarathy ... Petitioner versus

1. State, Represented by its, Home Secretary to the Government of Tamil nadu, St. George Fort, Chennai 600 009

2. The Director General of Police, Dr. Radha Krishnan Salai, Mylapore, Chennai

3. The Commissioner of Police, Chennai City, EVK Sampath Salai, Vepery, Chennai

4. The Superintendent, Central Puzhal Prison - II, Puzhal ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Habeas Corpus, to direct the respondents to permit the detenue P.Manikandan to admit in any private hospital for further treatment for the fracture sustained by him.

For Petitioner : Mr. V.Devendhiran For Respondents : Mr. R.Prathap Kumar, APP., ---

O R D E R

(Order of the Court was made by S.Vimala, J.,) This petition has been filed by the petitioner / father seeking direction to the respondents to admit the detenue / accused, P.Manikandan, in any one of the private hospitals for further treatment in respect of the fracture sustained by him in the right leg and right hand.

2. It is alleged that the petitioner's son was kept under illegal custody from 23.06.2018 and because of the brutal beatings, the detenue suffered fracture in the right hand and right leg. The way in which the accused sustained injury is the subject matter of enquiry and we are concerned only with the place of treatment.

3. Though the respondents are ready to provide treatment in the prison hospital, it is the claim of the petitioner that his son must be given treatment at any one of the private hospitals, as the post-operative care is very good at private hospitals.

4. The learned counsel appearing for the petitioner has given a list of nine private hospitals and seek permission for the detenue to be admitted in any one of the hospitals for the purpose of surgery and post operative care.

5. The learned Additional Public Prosecutor would submit that the treatments and the facilities in the Government Hospital are not of less quality and the detenue can choose the option from out of the five Government Hospitals for providing treatment. The following are the list of hospitals:-

1. Rajiv Gandhi Government General Hospital, Chennai - 3,

2. Government Stanley Medical College and Hospital, Chennai - 1,

3. Government Kilpauk Medical College and Hospital, Chennai - 10,

4. Government Royapettah Hospital, Chennai - 14,

5. Government Omandurar Medical College and Hospital, Chennai.

6. The learned counsel appearing for the petitioner would submit that the petitioner is prepared to bear the cost of providing treatment, apart from the cost of the security and therefore, his son must be permitted to take treatment in a private hospital.

7. The learned Additional Public Prosecutor would submit that the security of the accused himself is at stake and therefore, it is not feasible to provide treatment in a private hospital and if the accused chooses anyone of the five hospitals, listed above, the respondents will ensure surgery at the hands of the best doctors as well as the best post operative care.

8. Recording the said submission made by the learned Additional Public Prosecutor, we direct the respondents to admit the accused at the Government Omandurar Medical College and Hospital, Chennai, for further treatment and management. We hope and trust that the undertaking given by the learned

Additional Public Prosecutor would be carried out in letter and spirit.

9. With the above observation, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar srk To

1. The Home Secretary to the Government of Tamil nadu, St. George Fort, Chennai 600 009

2. The Director General of Police, Dr. Radha Krishnan Salai, Mylapore, Chennai

3. The Commissioner of Police, Chennai City, EVK Sampath Salai, Vepery, Chennai

4. The Superintendent, Central Puzhal Prison - II, Puzhal, Chennai

5. The Public Prosecutor, High Court, Madras. +2cc to Mr. V.Devendhiran, Advocate in sr.no.44756 H.C.P.No.1239 of 2018 CS/16/07/18