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Madras High CourtHCP/1920/2023closed

M.Sengaiammal v. Additional Chief Secretary To Government

2024-04-24Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1920 of 2023 M.Sengaiammal ... Petitioner Vs.

1.State by; The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Director General of Police & I.G of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Coimbatore - 18.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents to produce the body and person of the petitioner's son Mr.Dinesh, Son of Muthupandi,

remand Prisoner, now confined in Central Prison, Coimbatore, before the Hon'ble Court and provide proper medical treatment to the petitioner's son. For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C. Aravind

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The limited prayer sought for in the present Habeas Corpus petition is for a direction to the respondents to provide medical treatment to the remand prisoner Dinesh, S/o Muthupandi, who is confined in the Central Prison, Coimbatore, on the allegations that he was assaulted by the prison officers.

2.The said allegation is denied by the respondents. However, in the counter affidavit filed by the Superintendent of Prisons, Central Prison, Coimbatore it is stated that the injured remand prisoner was admitted as an inpatient in Coimbatore Medical College Hospital and medical treatment

was also extended to him along with other admitted prisoners. 3.We do not intend to go into the disputed fact of how the injuries were caused on the remand prisoner. However, since the medical treatment has already been extended to the remand prisoner, the prayer sought for in the present Petition has become infructuous and accordingly, the Habeas Corpus Petition stands closed. No costs.

[M.S.R., J] [S.M., J] 24.04.2024 Index: Yes/No Tsg To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Director General of Police & I.G of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Coimbatore - 18.

4.The Public Prosecutor,

High Court, Madras.

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Tsg H.C.P.No.1920 of 2023 24.04.2024