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Madras High CourtHCP/1338/2019disposed of

Indira v. State Of Tamil Nadu Rep.By Its

2019-08-06Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06..08..2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.1338 of 2019 Indira ...

Petitioner Vs

1. State of Tamil Nadu Represented by its Secretary, Home (Prison) Department, Fort St.George, Chennai - 600 009.

2. The Additional Director General of Police and Inspector General of Prison Tamilnadu Prison Department Gandhi Irwin Road, Egmore, Chennai - 600 008.

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

4. The Superintendent of Prison, Central Prison, Palayankottai, Tirunelveli District.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 2nd respondent to transfer the petitioner's husband namely Rajini @ Parthiban S/o. Rathinam aged 40 years life convict No.6125 from Central Prison, Palayankottai to Central Prison-I, Puzhal to enable him to take complete treatment of heart ailment. For Petitioner ..Mr.M.R.Senthilkumar For Respondents ..Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner, who is the wife of the convict seeks re-transfer of the convict on the health ground.

2. A reliance has been made on the medical record of the convict dated 08.06.2017. On present examination coupled with the Cardiologist recommendation, the Medical Officer has opined that the medication would be sufficient.

3. The learned counsel for the petitioner submitted that Treadmill has been done. Depending upon the test undertaken or to be undertaken, decision will have to be taken as to whether the convict requires surgery procedure, and, if surgery is required, the respondents shall make necessary arrangements to undergo surgery. However, we do not find any reason to retransfer the convict on the health ground as there are sufficient facilities available at Government General Hospital, Tirunelveli.

4. In the result, this Habeas Corpus Petition is disposed of accordingly with the above directions.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kmk/msrm To 1.The Secretary, Home (Prison) Department, Fort St.George, Chennai - 600 009.

2.The Additional Director General of Police and Inspector General of Prison Tamilnadu Prison Department Gandhi Irwin Road, Egmore, Chennai - 600 008.

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

4. The Superintendent of Prison, Central Prison, Palayankottai, Tirunelveli District.

5. The Joint Secretary to Government, Public (Law and Order) Department, Secretariat, Fort St. George, Chennai 600009.

6. The Public Prosecutor, High Court of Madras, Madras. H.C.P.No.1338 of 2019 mp[co] srg 17/09/2019