Madras High CourtHCP(MD)/246/2017disposed of

Laksumi, v. The Superintendent,

2017-04-04Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD).No.246 of 2017 Laksumi : Petitioner Vs.

1. The Superintendent Central Prison, Trichy.

2. The District Collector, Trichy District.

3. The Inspector of Police, Q Branch C.I.D.

Kanyakumari District, Nagercoil.

4. The Deputy Superintendent of Police, Q Branch C.I.D.

Tirunelveli.

5. The Secretary to Government, Public (S.C) Department, Secretariat, Chennai.

6. The Deputy High Commissioner Srilankan High Commission, No.56, Sterling Road, Near Lyola College, Nungambakkam, Chennai.

: Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India directing the respondents to produce the petitioner's husband K.Arulinpathevar @ Ayya, aged 54 years, S/o.Karuppannathevar from Special Camp in Trichy Central Prison before this Court and he may be sent for treatment in Hospital. For Petitioner : Mr.S.Titus For Respondents : Mr.T.Mohan Additional Public Prosecutor

O R D E R

********** [Order of the Court was made by T.S.SIVAGNANAM,J] The petitioner is the wife of the detenu, who is confined at Special Camp, Tiruchirappalli, against whom a case was registered under the provisions of Foreigners Act, 1946.

2. The petitioner has come forward with this petition stating that one Mahendran forcibly beaten her husband, as a result of which, her husband sustained fracture in the fingers of the right hand and her husband has not been given proper medical treatment and no action has been taken by the jail authorities against the said Mahendran.

3. As rightly pointed out by the learned Additional Public Prosecutor, there is no complaint given by the detenu to the camp officer in the Central Prison, Tiruchirappalli. The averments set out by the petitioner in this petition can not be taken into consideration, as it is for the first time such allegation has been raised in this habeas corpus petition. So far as the medical condition of the detenu is concerned, we have perused the medical reports submitted by the Assistant Medical Officer, Government District Head Quarters Hospital, Tiruchirapalli and the Resident Medical Officer M.G.M. Government Hospital attached in KAPV Government Medical College, Puthur, Trichy and also perused the letter of the Chief, Ortho Department of the Mahatma Gandhi Memorial Government Hospital, Trichy, stating that the detenu attended the Ortho OP on 16.

02.2017 with the report of accidental fall and he sustained fracture and he is being treated with fingerball strapping. Therefore, we find adequate medical attention has been given to the detenu and if there is any pain, he may report to the Camp Officer, who in turn may arrange for a review before the Ortho Ward in the Government Hospital. So far as the allegation against one Mahendran is concerned, as the detenu has not raised any issue, we cannot issue any direction at this juncture.

4. With the above observation, the Habeas Corpus Petition stands disposed of.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar