I.Samaiya Sulthana v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2019
CORAM:
The Honourable Mr. Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.1920 of 2019 I.Samaiya Sulthana ... Petitioner/Wife of the Detenu vs.
1.
State represented by its Home Secretary to the Government of Tamil Nadu, St. George Fort, Chennai 600 009.
The Director General of Police, No.1, Dr. Radhakrishnan Salai, Mylapore, Chennai.
The Commissioner of Police, Chennai City, No.132, Commissioner Office Building, E.V.K.Sampath Salai, Vepery, Chennai.
The Superintendent, Central Puzhal Prison - II, Puzhal.
5.
The Superintendent, Central Vellore Prison, Vellore.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the Respondents to permit the detenu R.Imran @ Imranuddin, son of Rakhimuddin, to admit in any private hospital for further treatment for the fracture.
For Petitioner : Mr.R.Karthik For Respondent : Mr.R.Prathap Kumar, Additional Public Prosecutor
O R D E R
[Order of the court was made by M.M.SUNDRESH,J.] The Petitioner is the wife of the detenu viz. R.Imran @ Imranuddin. She has come up with this Petition seeking a direction to the Respondents to permit the detenu to undergo further treatment for fracture in any private hospital. Placing reliance on an earlier order dated 10.07.2018 passed by this Court in H.C.P.No.1239 of 2018, learned counsel for the Petitioner submitted that the detenu can be given treatment at Government *Omandurar Medical College and Hospital, Chennai.
Learned Additional Public Prosecutor submitted that he has no objection to the same.
Considering the above, we are inclined to permit the Respondents to refer the detenu to Government *Omandurar Medical College and Hospital, Chennai for required treatment for the fracture suffered by him and for surgery, if so, suggested by Doctors, at the cost of the petitioner, subject to the compliance of the usual conditions and formalities which are to be followed as per the Prison Manual.
The Habeas Corpus Petition is disposed of with the above direction.
s/d- Assistant Registrar(CS VI) Dated: 20.09.2019 * Amended as per order dated 24.09.2019 made in H.C.P.No.1920/2019.
Sd/- Assistant Registrar(CS VI) Dated: 25.09.2019.
True Copy Sub-Assistant Registrar (aeb)
To:
1.
The Home Secretary, To be Substituted to Government of Tamil Nadu, the order already St. George Fort, Chennai 600 009.
despatched on 18.09.2019 The Director General of Police, No.1, Dr. Radhakrishnan Salai, Mylapore, Chennai.
The Commissioner of Police, Chennai City, No.132, Commissioner Office Building, E.V.K.Sampath Salai, Vepery, Chennai.
The Superintendent, Central Puzhal Prison - II, Puzhal. 5.
The Superintendent, Central Vellore Prison, Vellore.
6. The Public Prosecutor, High Court, Madras. +2 Ccs to Mr.R.Karthik, Advocate sr 81693.
H.C.P.No.1920 of 2019 RJI(CO) SP(20/09/2019) SP(25/09/2019)