Gandhimathi v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.S.RAMESH and The Hon`ble Mr.Justice M.NIRMAL KUMAR IN HCP(MD) No.1778 of 2022 GANDHIMATHI ... PETITIONER/PETITIONER Vs 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME PROHIBITION AND EXCISE (XIV) DEPARTMENT, SECRETARIAT, CHENNAI 9.
2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUNELVELI DISTRICT, TIRUNELVELI 9.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, COIMBATORE 18.
... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to fix an early date for hearing the Habeas Corpus Petition in HCP (MD) No.1778/2022 on the file of this Hon'ble Court. Prayer in Habeas Corpus Petition(MD) No. .1778/ 2022 : Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ, Order or Direction and in particular to issue a Writ of Habeas Corpus calling for the records from the Second Respondent in MHC Confdl.No.181/2022 dt.12/10/2022 by setting aside the said order of detention passed by the second respondent and setting the detenue Arumugapandian @ Bala Vivekananthan @ Rocket Raja S/o.Jegatheesan, at liberty now detained in the Central Prison, Coimbatore.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the 1/4
arguments of M/S.PAUL KANAGARAJ.R.C, Advocate for the petitioner and of Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- (Order of the Court was made by M.S.RAMESH, J.) This application has been filed to fix an early date.
2. During the last hearing, ie., on 21.06.2023, this Court had passed an interim order with a direction to the respondents to send the detenu for medical examination, since it was complained that the detenu was undergoing medical ailment.
3. In support of the said order, the detenu was also produced before the concerned Medical Board.
4. The discharge summary reads as follows:
"NAME: RAJA @ ROCKET RAJA AGE: 51 GENDER: MALE IP no: 2368341 MLC No: 0272489 DATE OF ADMISSION: 29/06/2023 AT 12:15 PM DATE OF DISCHARGE:01/07/2023 AT 12:00 PM DIAGNOSIS: ATYPICAL COEST PAIN/ SYSTEMIC HYPERTENSION 51 year old male patient who. waS diagnosed to have hypertension 6 months ago was admitted with history of chest pain frdm then, which is of pricking type with no aggravating or relieving factors. There is also a history of breathlessness which is aggravated on exertion and relieved at rest. There is no history of diabetes and the patient does not smoketor consume alcohol. On admission his blood pressure was 140/90mmHg. On clinical examination heart and chest were normal.
ECG on admission did not show any ischemic changes. Cardiac enzymes were normal. Echocardiography revealed no regional wall Motion abnormalities and normal LV systolic function. Treadmill test done on 30/06/2023 was negative for inducible ischemia. Routine investigations are within normal limits. Opinion from Chest Medicine and Medical Gasteoenterology was obtained in view of atypical chest pain and breathlessness, no active intervention suggested.
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INVESTIGATIONS CBC URINE ROUTINE Total Bilirubin -0.5 ECG- NSR/Normal Axis HB -15.2 Sugar -Nil Direct Bilirubin-0.3 Chest X Ray- Normal TC-7600 Albumin-Nil SGPT-15U/I PLT- 2.43 L Pus cells - 1 to2/ Hpf CK-Mb- 19 DC- 60/29/10 Trop-I Negative Blood Sugar Random -90 mg/di"
Urea 23 mg/dl creatinine - 1 mg/dl Na-143 mEq/l K-4.2 mEq/l"
5. The discharge summary of the medical board does not give disturbing factors so as to consider the detenu's case as a priority. In view of the same, the present application to fix an early date stands dismissed. Registry to list the Habeas Corpus Petition in the regular course.
sd/- 03/07/2023 / TRUE COPY / 06/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
RR TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME PROHIBITION AND EXCISE (XIV) DEPARTMENT, SECRETARIAT, CHENNAI 9.
2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUNELVELI DISTRICT, TIRUNELVELI 9.
3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, COIMBATORE 18.
COPY TO:
1 THE COMMISSIONER OF POLICE, CHENNAI.
2 THE SUPERINTENDENT, PUZHAL CENTRAL PRISON, CHENNAI 3 THE DEAN, RAJIV GANDHI GOVERNMENT HOSPITAL, CHENNAI.
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4 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN HCP(MD) No.1778 of 2022 Date :03/07/2023 SA/SSS/SAR. /06.07.2023/4P/8C 4/4