Jothika v. State Rep By

Crl.M.P.No.2123 of 2023 in H.C.P.No.2069 of 2022 Crl.M.P.No.2123 of 2023 in H.C.P.No.2069 of 2022 M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

[Order of the Court was made by M.SUNDAR, J.] Captioned 'Criminal Miscellaneous Petition' [hereinafter 'Crl.M.P.' for the sake of brevity and convenience] has been filed with a prayer for fixing an early date for hearing out aforementioned H.C.P.No.2069 of 2022. 2.Mr.Ilayaraja Kandasamy, learned counsel for petitioner draws our attention to paragraph 13 of the support affidavit in the captioned Crl.M.P. The only ground in the captioned Crl.M.P. filed by the daughter of the detenu is that the detenu is having chronic heart disease. 3.Mr.R.Muniyapparaj, learned Additional Public Prosecutor who accepts notice on behalf of all the four respondents has placed before us a medical report, from which it comes to light that the detenu is getting adequate medical attention and is also been recommended for reference to a Cardiologist in Stanley Medical College and Hospital. It is further submitted that the detenu has been taken to Stanley Medical College and Hospital and he is now stable.

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Crl.M.P.No.2123 of 2023 in H.C.P.No.2069 of 2022 M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

cse 4.In the light of the narrative thus far, we are not inclined to accede to the prayer in the captioned Crl.M.P. However, it is made clear that it is open to the petitioner to come up with similar/same prayer if there is change in circumstances.

5.In the result, captioned Crl.M.P. is dismissed. [M.S,J.] [M.N.K.,J.] 07.03.2023 cse Crl.M.P.No.2123 of 2023 in H.C.P.No.2069 of 2022 2/2 https://www.mhc.tn.gov.in/judis