V.Pandurangan v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.N.PRAKASH and The Hon`ble Mrs.Justice R.HEMALATHA in H.C.P(MD) No.962 of 2022 V.PANDURANGAN ... PETITIONER/PETITIONER Vs

1. STATE OF TAMILNADU, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, FORT.ST.GEORGE, CHENNAI-600 009.

2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TRICHY DISTRICT, TRICHY.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order of Interim Direction, directing the respondents to provide adequate and proper medical treatment to the Petitioner`s son namely Bas @ Baskaran @ Vijayabaskaran S/o. Pandurangan aged 46 years by admitting the detenue in the Mahatma Gandhi Memorial Government Hospital at Trichy (or) K.A.P.Viswanatham Government Medical College, Tiruchirappalli in HCP(MD) No.962/2022. Prayer in Habeas Corpus Petition(MD) No.962/2022 : To issue a Writ of Habeas Corpus calling for the entire records in detention order, passed in Detention Order Cr.M.P.No.35/2022, dated 19.05.2022 on the file of the 2nd Respondent herein and set aside the same as illeal and direct the Respondents to produce the Petitioner`s son namely Bas alias Baskaran alias Vijayabaskaran Son of Pandurangan, male aged about 46/2022 who is detained Central Prison, Trichy, before this Hon'ble Court.

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.SHANKAR GANESH.R, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- 1/3

(Order of the Court was made by P.N.PRAKASH,J.) This criminal miscellaneous petition has been filed for a direction to the respondents to provide adequate and proper medical treatment to the petitioner's son / detenu, namely, Bas @ Baskaran @ Vijayabaskaran, S/o.V.Pandurangan, aged about 46 years, by admitting him in the Mahatma Gandhi Memorial Government Hospital at Trichy or K.A.P.Viswanatham Government Medical College, Tiruchirappalli. 2.Alleging that the detenu (Act14/1982) Bas @ Baskaran @ Vijayabaskaran, S/o.V.Pandurangan, is physically indisposed in the prison, the present miscellaneous petition has been filed with the above prayer.

3. Learned Additional Public Prosecutor submitted a report dated 07.08.2022 given by the Assistant Surgeon, Central Prison Dispensary, Central Prison, Tiruchirappalli, which reads as follows:- "He is known case of Type-II Diabetes mellitus/Alcoholic Cirrhosis. He was admitted to treat from Diabetic ketoacidosis/Alcohol withdrawal syndrome from 6/5/22 - 16/5/22 at Trichy Memorial Hospital, Trichy. At present, he is clinically stable. He is continuing his treatment as advised by Physician in Trichy Memorial Hospital."

4. A reading of the above shows that the detenu is stable as of now and if the prison doctors find that he requires further specialized treatment, it is needless to state that the same shall be given to him in the Mahatma Gandhi Memorial Government Hospital at Trichy, without delay.

5. Learned counsel for the petitioner submitted that the detenu has a wound in his right leg, in which, pus has formed.

6. The prison doctor is directed to look into this complaint as well and take necessary action.

7. With the above direction, this criminal miscellaneous petition is closed.

sd/- 10/08/2022 / TRUE COPY / 11/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, FORT.ST.GEORGE, CHENNAI-600 009.

2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TRICHY DISTRICT, TRICHY.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

COPY TO :

THE ASSISTANT SURGEON, CENTRAL PRISON DISPENSARY, TRICHY-620 020.

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-8439[I] dated 11/08/2022 )

ORDER

IN in H.C.P(MD) No.962 of 2022 Date :10/08/2022 PKN USK/SVR/SAR-III/11.08.2022/3P/7C 3/3