Madras High CourtCRL OP(MD)/8259/2015disposed of

S.Kanagaraj v. The Secretary To Government

2015-06-12Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)No.8259 of 2015 S.Kanagaraj ... Petitioner Vs.

1.The Secretary to Government, State of Tamil Nadu, Home, Prohibiton and Excise Department, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Trichy Range, DIG (Prisons) Office, Trichy.

3.The Superintendent of Prison, Trichy Central Prison, Trichy.

4.The Superintendent of Prison, Vellore Central Prison, Vellore District.

5.The Commissioner of Police, Office of the Commissioner of Police, Trichy City, Trichy.

6.The Superintendent of Police, Office of the Superintendent of Police, Pudhukottai District.

7.The Director, Christian Medical College Hospital (CMCH), Vellore, Vellore District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the respondents 1 and 2 to admit the petitioner's son by name Baskar @ North "D" Baskar now confining at Trichy Central Prison in respondent No.7 hospital for providing treatment till the recovery of the petitioner's son for his injuries after transferring him in

to the respondent No.4 prison within the time stipulated by this Court and consequently, direct the respondents to allow the petitioner for help the petitioner's son in the hospital and pass such further or other others.

For Petitioner : Mr.R.Alagumani For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to admit the petitioner's son by name Baskar @ North "D" Baskar now confining at Trichy Central Prison in respondent No.7 hospital for providing treatment till the recovery of the petitioner's son for his injuries after transferring him in to the respondent No.4 prison within the time stipulated by this Court and consequently, direct the respondents to allow the petitioner for helping the petitioner's son in the hospital.

2. The petitioner's son is undergoing incarceration at Trichirappalli Central Prison and he has also been detained under Act 14 of 1982. Seeking to direct the respondents to provide adequate medical treatment, the present petition has been filed.

3. In the counter-affidavit it has been stated that the petitioner's son is not ready and willing to undergo treatment at Mahathma Gandhi Memorial Government Hospital, Tiruchirappalli. This fact is denied by the learned counsel appearing for the petitioner.

4. The learned counsel appearing for the petitioner submitted that the petitioner's son may be given adequate surgical treatment at Mahathma Gandhi Memorial Government Hospital, Tiruchirappalli.

5. Considering the same, the Superintendent of Prison, Tiruchirappalli is directed to permit the petitioner to meet his son and after meeting, the said authority will have to ascertain from the detenu about his willingness to undergo surgery. If he is ready and willing, then the Superintendent of Police, Tiruchirappalli will have to take appropriate steps to provide medical treatment including surgery at Mahathma Gandhi Memorial Government Hospital, Tiruchirappalli.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Per Admn) /True Copy/ Sub Assistant Registrar

To 1.The Secretary to Government, State of Tamil Nadu, Home, Prohibiton and Excise Department, Fort St. George, Chennai - 600 009.