D. Visikala v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.893 of 2017 D.Visikala : Petitioner Vs.

1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Rajapalayam Police Station(South) Crime, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, Odapatti Police Station, Uthamapalayam Taluk, Theni District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, directing the Respondents to produce the body of the Petitioner's husband Durai aged 46 years before this Hon'ble Court and set him liberty.

For Petitioner : Mr.M.Mohamed Ajeesdheen 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, who is the wife of the detenu, seeks for a direction to produce him before this Court on the ground that he has been illegally detained by the respondent police. 2.The learned Additional Public Prosecutor appearing for the respondents on instructions from the respondent police would submit that the petitioner's husband has been remanded to judicial custody.

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3.The learned counsel appearing for the petitioner would submit that the detenu was brutally attacked by the respondent police and his health condition is very serious; he is not able to sit; he has not been given proper medical treatment and he has been confined to Srivilliputhur Sub-Jail, where only few tablets are given.

4.Considering the said submissions, without expressing any opinion on the same, we direct the respondent police to produce the detenu before the Government Hospital, Srivilliputhur for medical examination and if in the considered opinion of the doctor the detenu requires intensive medical treatment as inpatient, then appropriate steps have to be taken in this regard and he shall be given proper treatment.

5.With the above direction, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Rajapalayam Police Station(South) Crime, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, Odapatti Police Station, Uthamapalayam Taluk, Theni District.

Copy to:

The Medical Officer, Government Hospital, Srivilliputhur +1cc to Mr.M.Mohammed Ajeesdheen,Advocate,SR. 60967 H.C.P(MD)No.893 of 2017 20.06.2017 SJ KK/SV MMS/SAR4/20.06.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/