Madras High CourtHCP(MD)/711/2018disposed of

P.Alagudevi v. The Secretary To Government

2018-10-22Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P[MD]No.711 of 2018 P.Alagudevi : Petitioner Vs.

1. The Secretary to Government, Home Department, Fort. St. George, Chennai - 9.

2. The Additional Inspector General of Police (Prison), CMDA Tower - II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent, Special Prison for Women, Trichy.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the third respondent to produce the detenu Chandra aged 46 (R.P.No.M2) before this Court and consequently directing the learned Principal District Judge, Trichy to hold an enquiry into the brutal assault made on her and to punish the erred prison authorities.

For Petitioner : Ms.Jothimeena for Mr.A.Jayaramachandran For Respondents : Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

************ [Order of the Court was made by M.M.SUNDRESH, J.] This Habeas Corpus Petition is filed on the premise that the detenu has been assaulted. The status report filed by the respondents would show that the detenu is the one who assaulted the warder. Further more, treatment is being given for the injuries https://hcservices.ecourts.gov.in/hcservices/

suffered by the detenu. It appears that the detenu is not inclined to take Allopathy treatment from the year 2016 onwards. Accordingly, she is given Homeopathy treatment. The documents filed by the learned Additional Advocate General appearing for the respondents, particularly with reference to the medical report (M2), dated 13.08.2018, would indicate that the detenu might require further audiological evaluation and management. 2.The learned Additional Advocate General appearing for the respondents would submit that the aforesaid recommendation made by the Doctor dated 13.08.2018 would be complied with. 3.

In such view of the matter, we are not inclined to keep this Habeas Corpus Petition no longer pending except by directing the third respondent to take appropriate steps to give treatment to the detenu in terms of the medical report dated 13.08.2018. We have passed this order as we do not find any material to substantiate the allegations made in the affidavit filed in support of this petition with respect to the injuries sustained by the detenu. 4.The Habeas Corpus Petition is disposed of, accordingly.

1. The Secretary to Government, Home Department, Fort. St. George, Chennai - 9.

2. The Additional Inspector General of Police (Prison), CMDA Tower - II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent, Special Prison for Women, Trichy.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.A.JAYARAMACHANDRAN, ADVOCATE IN SR No. 91207 MR TE/RP/SAR-4 : 08/11/2018 : 2P/6C ORDER MADE IN H.C.P[MD]No.711 of 2018 22.10.2018 https://hcservices.ecourts.gov.in/hcservices/