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Madras High CourtCRL MP(MD)/358/2023closed

Muthupandi v. The Additional Chief Secretary To Government

2023-01-27Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Sunder Mohan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of January Two Thousand and Twenty Three PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN and The Hon`ble Mr.Justice SUNDER MOHAN in H.C.P(MD)No.1885 of 2022 MUTHUPANDI ... PETITIONER/DETENU Vs 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, STATE OF TAMIL NADU,HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT,CHENNAI-600 009.

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

3 THE SUPERINTENDENT OF POLICE MADURAI CENTRAL PRISON, MADURAI 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 the Respondent no.3 to transfer the detenu go Government Rajaji Hospital,Madurai for better treatment to Muthupandi,son of Manimuthu aged about 30 years now confining at Madurai Central Prison pending disposal of the HCP(MD)No.1885/2022. Prayer in Habeas Corpus Petition(MD) No.1885/ 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.2in Detention order No.104/2022 dt 13.10.2022 and quash the same and direct the respondents to produce the body or person of the detenu by name Muthupandi S/o.Manimuthu age 30 yrs now detained as "Goonda" at Madurai Central Prison before this Honourable Court and set him at liberty forthwith.

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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 M/S.S.RAVI, Additional Public Prosecutor on behalf of the Respondents the court made the following order:- This petition is filed seeking for a direction to the third respondent to transfer the detenu to Government Rajaji Hospital, Madurai, for better treatment of the detenu, Muthupandi. 2.

When the matter is taken up for hearing today, the learned Additional Public Prosecutor has produced a status report before this Court, filed by the Prison Authority, indicates that the detenu was Atopic Dermatitis / Urticaria and referred to Government Rajaji Hospital, Madurai, for Dermatologist's opinion and as per the opinion of Dermatologist, it was diagnosed as scabies and prescribed Gamma-Benzone Hexachloride solution and he was treated as out patient and sent back to prison on the same day. The said infection is being treated periodically by the prison authority since 06.12.2022, finally on 25.12.2022 as out-patient at the Government Rajaji Hospital.

3.Considering the nature of the infection and the treatment provided to the detenu, this Court finds that there is no necessity to transfer the detenu to the Government Rajaji Hospital, and to be treated as in-patient.

4.Recording the report of the Dermatologist, this Criminal Miscellaneous Petition is closed.

5.Registry is directed to post the main H.C.P in the regular course.

sd/- 27/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ns TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, STATE OF TAMIL NADU,HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT,CHENNAI-600 009.

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

3 THE SUPERINTENDENT OF POLICE MADURAI CENTRAL PRISON, MADURAI DISTRICT.

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

ORDER

IN in H.C.P(MD)No.1885 of 2022 Date :27/01/2023 RK/VR/SAR-4 (06/02/2023) 3P/5C 3/3