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Madras High CourtCRL MP(MD)/6665/2023disposed of

Sankar @ Aathi Narayanan v. The Additional Chief Secretary To Government

2023-06-13Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN HCP(MD)No. 1922 of 2022 SANKAR @ AATHI NARAYANAN ... PETITIONER/DETENUE Vs 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, FORT ST.GEORGE, CHENNAI-600009.

2 THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, OFFICE OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, ARIYALUR DISTRICT, ARIYALUR.

3 THE SUPERINTENDENT OF PRISON TRICHY CENTRAL PRISON, TRICHY DISTRICT.

... RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct 1st Respondent to admit the detenu by name Sankar @ Aathi Narayanan S/o.Purushothaman aged about 47 years in Annal Gandhi Memorial Government Hospital, Trichy as an impatient and provide better treatment till he gets recovered.

Prayer in Habeas Corpus Petition(MD) No. . 1922/ 2022 : Pleased to issue a Writ of Habeas Corpus or any other Writ or Direction calling for the entire records, connected with the detention order of the Respondent No.2 in Cr.M.P.No.32/2022 dt.13.10.2022 and quash the same and direct the Respondents to produce the body or person of the detenu by name Sankar@Aathi Narayanan,S/o.Purushothaman,aged 47 years,now detained as Goonda at Trichy Central Prison, before this Hon'ble Court and set him at liberty forthwith.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ALAGUMANI R, Advocate for the petitioner and of 1/3

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 R.SURESH KUMAR, J.) This petition has been filed to direct the first respondent to admit the detenu, namely, Sankar @ Aathi Narayanan, son of Purushothaman, aged about 47 years, in Annal Gandhi Memorial Government Hospital, Trichy, as inpatient and provide better treatment till he gets recovered.

2. Heard Mr.R.Alagumani, the learned counsel appearing for the petitioner and Mr.A.Thiruvadi Kumar, the learned Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that already treatments are being given for whatever sufferings of the detenu in the prison itself by the prison doctors and dispensary.

4. Insofar as this detenu is concerned, suppose the said detenu requires some further or additional treatment for the alleged sufferance due to blisters, the Medical Officer attached with the third respondent Jail would be asked for to give a medical report after examining the detenu concerned and according to his advice, further or better treatment for the said suffering of the detenu concerned, would be taken care of and in this context, outside treatment also could be made possible for the said detenu depending upon the report to be submitted by the Residence Medical Officer of the Jail concerned.

5. The said statement made by the learned Additional Public Prosecutor appearing for the respondents is taken on record.

6. Accordingly, this Miscellaneous Petition is disposed of, by giving a direction to the third respondent to refer the detenu to the Medical Officer attached with the third respondent Jail and after examining the detenu, the Medical Officer shall give a report as to the requirement of further or better treatment to the detenu outside the jail and depending upon the report, necessary action shall be taken for giving such treatment to the detenu by the third respondent thereafter within a period of one week. sd/- 13/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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SSB TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, FORT ST.GEORGE, CHENNAI-600009.

2 THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, OFFICE OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, ARIYALUR DISTRICT, ARIYALUR.

3 THE SUPERINTENDENT OF PRISON TRICHY CENTRAL PRISON, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-8620[I] dated 13/06/2023 )

ORDER

IN IN HCP(MD)No. 1922 of 2022 Date :13/06/2023 PKP/BUC/SAR- /21.06.2023/ 3P/6C 3/3