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Madras High CourtCRL MP(MD)/3247/2022ordered

Parimala v. The Additional Chief Secretary To Government

2022-03-15Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR CRL.M.P(MD)No.3247 of 2022 in H.C.P(MD)No.32 of 2022 PARIMALA ... PETITIONER/ DAUGHTER IN LAW OF THE DETENUE Vs 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME,PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, THENI, THENI DISTRICT.

3 THE JAILOR DISTRICT JAIL, THENI DISTRICT.

4 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.

... RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to directing the Respondents 1 to 3 to grant emergency leave to petitioner's father in law namely Karunanidhi aged 72 years old for a period of two weeks by considering petitioner's Reprsentation dated 1.3.2022 and more particularly by considering detenue's health condition within a stipulated time that may be fixed by this Hon'ble Court.

Prayer in Habeas Corpus Petition(MD) No. . 32/ 2022 : To Detention order No. 64/2021 dated 20.12.2021 on the file of R2 and quash the same as illegal and direct the respondents to produce the body or person of the petitioners father in law namely Karunanithi S/o Muthukannuthevar, Age 71 years now confined at the District Jail, Theni before this Hon'ble Court and set him at liberty forthwith.

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Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.HENRI TIPHAGNE, Advocate for the petitioner and of MR.S.RAVI, Additional Government Pleader on behalf of the Respondents, the court made the following order:- Though the petitioner seeks emergency leave to her father-inlaw for a period of two weeks considering the representation, dated 01.03.2022, Mr.Henri Tiphagne, learned counsel for the petitioner would submit that it is enough if the authorities are directed to give treatment to the detenu at Government Medical College Hospital, Theni.

2. From the records produced by the learned Additional Public Prosecutor it is seen that the Assistant Professor, Department of Psychiatry in Government Medical College Hospital, Theni had suggested that patient has to be admitted in the hospital for detailed Psychiatric assessment.

3. Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents would submit that the respondents are ready to admit him at Government Medical College Hospital, Theni and give him appropriate treatment.

4. In view of the said statement, there will be a direction to the third respondent to admit the detenu, namely, Mr.Karunanidhi, aged about 72 years in the Government Medical College Hospital, Theni and provide him proper treatment including Psychiatric treatment, if necessary. The Superintendent of Police, Theni is directed to give appropriate and adequate police protection to the detenu.

5. Accordingly, this Criminal Miscellaneous Petition is ordered.

sd/- 15/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME,PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, THENI, THENI DISTRICT.

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3 THE JAILOR DISTRICT JAIL, THENI DISTRICT.

4 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

1 THE SUPERINTENDENT OF POLICE, THENI.

2 THE OFFICER INCHARGE, GOVERNMENT MEDICAL COLLEGE HOSPITAL, THENI +1 CC to M/s.HENRI TIPHAGNE, Advocate ( SR-2048[I] dated 15/03/2022 )

ORDER

IN CRL.M.P(MD)No.3247 of 2022 in H.C.P(MD)No.32 of 2022 Date :15/03/2022 MK/PN/SAR.III/16.03.2022/3P/9C 3/3