Syed Abudhakir v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.2557 of 2015 Syed Abudhakir ... Petitioner Vs.

1. The State of Tamil Nadu, rep. by the Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2. The Additional Director General of Police & Inspector General of Prison, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Salem.

... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the body and person of the petitioner's uncle namely Kaja Moideen S/o Chinnathambi aged about 47 years now confined in Central Prison, Salem before this Court and direct the respondents to provide proper medical treatment to the petitioner's uncle.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the petitioner seeking direction to the respondents to produce the body and person of the petitioner's uncle namely Kaja Moideen S/o Chinnathambi aged about 47 years now confined in Central Prison, Salem before this Court and direct the respondents to provide proper medical treatment to the petitioner's uncle.

2. The Superintendent of Prisons has filed a counter affidavit denying the various allegations made by the petitioner. In the last paragraph, the Superintendent of Prisons has stated as follows:

"The petitioner's representation dated 30.09.2015 was not received in this prison from the petitioner's requesting to give proper medical treatment to the above said remand prisoner. The above said remand prisoner was examined by the Prison Medical Officer and certified that his health status is good. (Copy of report enclosed). Hence there is no necessity to provide treatment to the above prisoner."

3. The above-said statement is recorded. In the light of the above, this Court is of the view that it is not a fit case warranting issuance of Writ of Habeas Corpus. Accordingly, this Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sl To

1. The Secretary to Government, State of Tamil Nadu, Home Department, Secretariat, Chennai - 600 009.

2. The Additional Director General of Police & Inspector General of Prison, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Salem.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Pugalenthi, Advocate, S.R.No.63357 H.C.P.No.2557 of 2015 PUR(CO) CA(15/12/2015)