N.Packiaraj v. The Superintendent Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.09.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Packiaraj ... Petitioner Vs The Superintendent of Prison, Central Prison, Madurai ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant parole/leave for one month to the petitioner's son namely Sekar @ Daison (convict prisoner) for taking treatment in the private hospital and based on the petitioner's representation dated 04.07.2024.

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For Petitioner : Mr.S.Mahendrapathy For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor.

ORDER

The writ petition has been filed in the nature of a Mandamus seeking a direction to the respondents to grant one month leave to the son of the petitioner namely Sekar @ Daison, Convict Prisoner No.6228 based on the representation given by the petitioner dated 04.07.2024.

2. This Court has sought instructions from the respondent and more particularly from the Dean, Government Rajaji Hospital, Madurai. Since the son of the petitioner was suffering from quite serious ailments we had also permitted Dr.M.Mohana Venkataraman, MBBS., DPM, Blissfull Mind Wellness Research Hospital, to interact with the Dean of the Government Rajaji Hospital, Madurai and also to have access and visit the son of the petitioner Sekar@ Daison. It is informed that the said doctor had visited the son of the petitioner. Subsequently, an operation had also been conducted on the son and he is still in 2/5

Intensive Care Unit. The report of the Chief .IMCU-I Department of General Medicine, Madurai Medical College, Madurai relating to the health condition of the son of the petitioner is as follows: " A convict prisoner 24 years old Male Mr. Sekar, currently in ward 203 (IMCU-1)I.P.No.37100 admitted on 08.06.2024 is diagnosed as Tuberculous Meningitis/ Chronic Hyponatremia- SIADH. Patient has persistent head ache, MRI brain shows features of moderate obstructive Hydrocephalus for which Neurosurgery opinion obtained. They advised conservative management. Currently the patient is managed in intensive care unit with appropriate drugs".

3. We again permit Dr.M.Mohana Venkataraman, MBBS., DPM, Blissfull Mind Wellness Research Hospital to visit Sekar@ Daison who is Intensive Care Unit provided necessary safeguards are taken.

4. It is also informed that the representation of the petitioner had been subsequently rejected by the proceedings dated 08.09.2024 in No. 412/cj.2/2024 passed by the Deputy Inspector General of Prisons, Madurai Range.

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5. In view of the same, the Writ Petition stands dismissed giving liberty to the petitioner to challenge the said order. The said doctor may visit the prisoner in accordance with rules keeping in mind that the person is in Intensive Care Unit.

(C.V.K., J.) (J.S.N.P, J.) 10.09.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No aav To

1. The Superintendent of Prison, Central Prison, Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3. Dr.M.Mohana Venkataraman, MBBS., DPM, Blissfull Mind Wellness Research Hospital Madurai 4/5

C.V.KARTHIKEYAN, J.

and J.SATHYA NARAYANA PRASAD, J.

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