Gnanamurthy, M/A 58 Yrs, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27999 of 2017 Gnanamurthy ... Petitioner Vs The State rep. by its The Superintendent of Police, Central Puzhal Prison-11, Chennai.

... Respondent Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to give adequate and proper medical treatment to the petitioner's son at Stanley Government Hospital and to give due care to save the petitioner's based on the representation dated on 12.12.2017 to the respondent.

For Petitioner :

Mr.D.Padmanabhan For Respondent :

Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The prayer sought for in the present petition is to direct the respondent to give adequate and proper medical treatment to the petitioner's son at Stanley Government Hospital and to give due care to save the petitioner's son based on the representation dated on 12.12.2017 to the respondent.

2. The petitioner's son, who is an under-trial prisoner, is confined in Puzhal Prison and owing to an head injury, he is being treated in the Puzhal Prison Hospital at Thiruvallur. The learned counsel for the petitioner submits that in view of the serious condition of the injury better treatment facility is required and therefore, seeks for direction to shift the petitioner's son to Stanley Government Hospital.

3. The learned Additional Public Prosecutor, on the other hand submitted that the Government Hospital attached to Puzhal Prison has adequate facilities and that at present, better treatment is being provided to the petitioner's son herein.

4. I do not find as to how the respondent herein will be prejudiced if the petitioner's son is shifted to the Stanley Government Hospital for the purpose of medical treatment. Admittedly, the petitioner's son is remanded in Puzhal Prison. In view of the submissions that better facilities are available at Stanley Medical Hospital, it would be appropriate to shift the petitioner's son to stanley Government Hospital.

5. In the result, the Criminal Original Petition stands allowed. The respondent is directed to shift the petitioner's son, remanded in connection with Crime No.391 of 2017 on the file of the SIPCOT Police Station Ponneri, from Puzhal Government Hospital, to the Stanely Government Hospital forthwith, and in any case, atleast within 24 hours from today. After the prisoner is declared as medically fit, he may be transferred to Puzhal Prison.

6. The Additional Public Prosecutor shall communicate this order to M.Jaya Kumar, Chief Head Warder in the purpose of implicating the present order.

20.12.2017 Index:Yes/No Internet: Yes/No nmm To 1.The Superintendent of Police, Central Puzhal Prison-12, Chennai.

2.The Chief Head Warder, Puzhal Prison, Chennai.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

nmm Crl.O.P.No.27999 of 2017 20.12.2017