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Madras High CourtCRL MP/3242/2023dismissed

Karthigaivalli v. The State Of Tamilnadu,

2023-03-07Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar2 pages

Crl.M.P.No.3242 of 2023 in H.C.P.No.2327 of 2022 Crl.M.P.No.3242 of 2023 in H.C.P.No.2327 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 'Cr.M.P.' for the sake of convenience and brevity] has been filed with a prayer to fix an early date for hearing out the aforementioned Habeas Corpus Petition. 2.Mr.S.Yogarajasekar, learned counsel for petitioner submits that the captioned Crl.M.P. is predicated on the ground that the detenu is unwell. 3.Learned Additional Public Prosecutor who accepts notice on behalf of the respondents submits that the petitioner is Diabetic and he is under the management of Senior Assistant Surgeon in Central Prison, Coimbatore. Learned Prosecutor has placed before us a medical report dated 04.03.2023 which shows that the detenu has been advised Anti-Diabetic drugs and he is stable at present.

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Crl.M.P.No.3242 of 2023 in H.C.P.No.2327 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, we make it clear that it is open to the detenu or anyone concerned for the detenue 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.3242 of 2023 in H.C.P.No.2327 of 2022 2/2 https://www.mhc.tn.gov.in/judis