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Madras High CourtCRL MP(MD)/11833/2022disposed of

V.Pandurangan v. The Additional Chief Secretary To Government

2022-09-30Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice J.NISHA BANU and The Hon`ble Mr.Justice N.ANAND VENKATESH IN HCP(MD) No.962 of 2022 V.PANDURANGAN ... PETITIONER/PETITIONER Vs 1 STATE OF TAMIL NADU, REPRESENTED BY.

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

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 fix an early date for the final hearing of the Habeas Corpus Petition in HCP (MD) No.962/2022 and pass such further or other orders as this Hon'ble Court.

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 1/3

of Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- This petition has been filed seeking for fixing an early date of hearing of the Habeas Corpus Petition on the ground that the detenu is facing serious health ailment.

2.A similar petition was filed on an earlier occasion in Crl.M.P(MD)No.9207 of 2022. This Court took into consideration the ailment suffered by the detenu and directed the prison doctors to give specialized treatment to the detenu and if required to admit him in Mahatma Gandhi Memorial Government Hospital at Trichy. 3.The learned counsel for the petitioner submitted that the ailment of the detenu is deteriorating and he requires immediate admission in the Hospital for proper treatment. 4.In the considered view of this Court, the earlier order passed by this Court on 10.08.2022, sufficiently takes care of the grievance expressed by the petitioner.

This Court has clearly directed the prison doctors to ensure that specialized treatment is given to the detenu and if situation warrants, to get him admitted at the Mahatma Gandhi Memorial Government Hospital at Trichy. Hence, there is no need for once again reiterating the very same order and this Court is convinced that the prison authority will take into consideration the health status of the detenu and take a decision, as per the earlier direction issued by this Court. 5.This petition is disposed of accordingly.

sd/- 30/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

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

COPY TO :

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

+1. C.C. to M/S.SHANKAR GANESH.R. Advocate SR.No.48346 (F) (Date:30/09/2022)

ORDER

IN IN HCP(MD) No.962 of 2022 Date :30/09/2022 Ns SA/VR/SAR /07.10.2022/3P/7C 3/3