P.Pugalenthi v. The State Of Tamil Nadu

In the High Court of Judicature at Madras Dated: 24.11.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.3009 of 2014 P.Pugalenthi .... Petitioner Vs.

1. The State of Tamil Nadu, represented by The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

.... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to release Mr.Pandian, S/o.Anthonysamy, Life Convict, C.T.No.98966 aged about 45 years, now confined in the Central Prison, Trichy before this Court and release him on medical grounds.

For Petitioner : Mr.P.K.Ilavarasan For Respondents: Mr.A.N.Thambidurai, Addl. 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 Director, Prisoners Rights Forum for a direction to the respondents to produce the detenu, who is a life convict before this Court and release him on medical grounds.

2. It is the case of the petitioner that Pandian, Life Convict is suffering from serious ailment and therefore, he should be released on medical grounds.

3. The Deputy Secretary to the Government, Home Department, has filed a detailed counter affidavit enclosing the medical certificate of the life convict. In the medical certificate, it is stated as follows:

"This is to certify that CT.98966 Pandian S/o Anthonysamy Central Prison, Trichy.

He is known case of Pulmonary Tuberculosis with Relapse on Anti Tuberculosis Treatment (ATT) as advised by M G M Government Hospital, Trichy. He is on now continuous treatment. He is clinically stable."

4. In view of the above, we are of the view that in the interest of justice, direction is given to the Prison Authorities to give best treatment to Pandian, Life Convict in the TB Hospital, Sanatorium, Chennai for addressing his ailment. We find no good ground for allowing the prayer of the petitioner to release the life convict on medical grounds.

5. With the above direction, this Habeas Corpus Petition stands closed.

sl -s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To

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

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

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

4. The Public Prosecutor, High Court, Madras. + 1 cc to Mr.P.K.Ilavarasan, Advocate SR 63453 ksj(co) prk15/12 H.C.P.No.3009 of 2014