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Madras High CourtHCP/271/2018closed

Visalakshi, W/O.Nagendran, v. The Government Of Tamil Nadu,

2018-03-12Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.271/2018 Visalakshi ... Petitioner -vs1.The Secretary Government of Tamil Nadu Home [Prison] Department Fort St George, Chennai 600 009.

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

3.The Superintendent of Prison Central Prison-I, Puzhal, Chennai.

4.The Medical Officer Central Prison-I, Puzhal, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 2nd to 4th respondents to release the petitioner's husband namelly P.Nagendran, aged 46 years son of Ponnusamy life convict [No.1236] under rule 632 of Tamil Nadu Prison Manual Volume-II to get proper treatment for his liver transplant. For Petitioner :

Mr.N.R.Elango, Senior Counsel for Mr.M.R.Senthil Kumar For Respondents :

Mr.R.Prathap Kumar, APP

ORDER

[Order of the Court was made by C.T.SELVAM, J.] Petitioner, wife of detenu, P.Nagendran, a life convict, has moved this petition seeking direction to respondents 2 to 4 to release of her husband for taking proper treatment for his liver transplantation.

Learned Senior counsel for petitioner submits that the detenu underwent Liver Transplantation at Global Hospital on 31.01.2018 and that his recuperation has to be monitored by the doctors and though he is discharged from hospital, he has to be housed in a Guest House provided by the Institute of Global Health City Hospital and prays for 3 months period for such recuperation and monitoring.

Heard learned Additional Public Prosecutor appearing for respondents and perused the records.

Considering such submission of the learned Senior Counsel for petitioner, we consider it appropriate that the detenu P.Nagendran, Life Convict [No.1236] be permitted to stay at the Guest House attached to the Institute of Global Health City Hospital for a period of three months from today. It is made clear that on the expiry of such period, detenu P.Nagendran, shall surrender to the custody of the Superintendent of Prisons, Central Prison, Puzhal, Chennai, on or before 13.06.2018.

With the above direction, the Habeas Corpus Petition is closed for the present. Post on 14.06.2018 for reporting compliance.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ap To 1.The Secretary, Government of Tamil Nadu Home [Prison] Department Fort St George, Chennai 600 009.

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

3.The Superintendent of Prison Central Prison-I, Puzhal, Chennai.

4.The Medical Officer Central Prison-I, Puzhal, Chennai.

5.The Public Prosecutor, High Court, Madras.

6.The Section Officer, Criminal Section, High Court Madras.

+1cc to Mr.M.R.Senthilkumar, Advocate, S.R.No.18392 H.C.P.No.271/2018 PA(CO) RRK(14/03/2018)