Madras High CourtHCP/915/2016disposed of

K.Kaliyammal v. State Rep. By

2016-06-15Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.6.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.915 of 2016 K.Kaliyammal ..... Petitioner/mother of the detenue Vs State by

1. The Director General of Prisons Thalaimuthu Nadarasar Building, Egmore, Chennai.

2. The Superintendent of Police, Central Prison, Puzhal-1, Chennai-66.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to consider the representation of the petitioner dated 25.04.2016 and continue to keep the detenue Sakthi @ Sakthivel S/o.Palanisamy aged about 35 years Central Prison-1 Puzhal, Chennai to complete his eye treatment at the Government General Ophthalmology Hospital Egmore, Chennai.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.A.N.Thambidurai Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of one Sakthi @ Sakthivel son of Palanisamy, a life convict now, lodged in Central Prison, Puzhal,Chennai. He was convicted by the Principal Sessions Judge, Coimbatore in S.C.No.303 of 2004. On such conviction, originally, he was lodged in the Central Prison, Coimbatore. On the ground that his health condition was deteriorating and he was in need of medical attention, he was shifted from Coimbatore Central Prison to Central https://hcservices.ecourts.gov.in/hcservices/

Prison-I, Puzhal, Chennai. From the said prison, he was taken to the hospital in Chennai for treatment.

2. According to the petitioner, there is likelihood of the petitioner being taken back to the Central Prison, Coimbatore without giving medical treatment. With this grievance, the petitioner is before this Court with this Habeas Corpus Petition.

3. The learned Additional Public Prosecutor on instructions would submit that it is true that he has got a lot of ailments for which he is given proper treatment in hospital in Chennai. As of now, according to the learned Additional Public Prosecutor, there is no proposal to take him back to Central Prison, Coimbatore. He would further submit that the detenu is likely to undergo surgery soon. Only after the surgery is over and the treatment is completed and after he becomes well, he will be shifted back to Central Prison, Coimbatore.

4. The said statement is recorded. In view of the above statement, no further direction is required in this petition. Accordingly, petition is disposed of.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar kua To

1. The Director General of Prisons Thalaimuthu Nadarasar Building, Egmore, Chennai.

2. The Superintendent of Police, Central Prison, Puzhal-1,Chennai-66.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R. Sankarasubbu, Advocate, Sr. 32607 H.C.P.No.915 of 2016 SVI (CO) kk 27/6 https://hcservices.ecourts.gov.in/hcservices/