1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD).No.245 of 2011 and M.P.(MD).No.1 of 2011 Syed Mohamed ... Petitioner Vs. 1.The Secretary, Home Department, Government of Tamil Nadu, Chennai. 2.The Superintendent of Prison, Trichy Women Central Prison, Trichy. 3.The Inspector of Police, Vadipatti Police Station, Madurai. 4.The CBCID Police, Ramanathapuram, at Madurai. 5.The Medical Officer, Trichy Government Hospital, Trichy. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent to transfer the petitioner's Mother Pakkerammal, W/o.Late Abudalibu accused in Crime Nos.793 & 794 of 2010 of the third respondent Police from 5th respondent hospital to any other Private Multi Specialty Hospital at Madurai or Trichy for medical care. For petitioner : Mr.T.S.Mohamed Mohideen For respondents : Mr.Herold Singh, Government Advocate ORDER The petitioner seeks a writ of mandamus directing the second respondent to transfer his mother viz., Pakkerammal, who is in judicial custody in connection with Crime Nos.793 & 794 of 2010 on the file of the Vadipatti Police Station, Madurai, from fifth respondent hospital to any other private Multi Speciality Hospital, Trichy for better treatment. 2.The petitioner is the son of Mrs.Pakkerammal. She was involved in a case in Crime Nos.793 & 794 of 2010 for an offence under https://hcservices.ecourts.gov.in/hcservices/ 2 Section 302 IPC and she is now under judicial custody at Women Central Prison, Trichy. 3.According to the petitioner, his mother is aged about 68 years and she suffered a stroke and is a heart patient. She was earlier taking treatment from the Apollo Hospital at Madurai. 4.While she was in the custody, on 03.01.2011, she become unconscious in prison and she was taken to the fifth respondent hospital. The petitioner further submits that already his mother has lost movements in both right hand and right leg. In case cardiac attack occurs again, she would die. Therefore, the petitioner seeks a direction to shift his mother from the fifth respondent hospital to any other Multi Specialty Hospital and he undertakes to bear the expenses for treatment. 5.The learned Government Advocate has produced written instructions given by the Medical Officer, Special Prison for Women, Trichy. According to the Medical Officer, the mother of the petitioner is admitted in AGM Hospital, Trichy and she is now in Intensive Care Unit. 6.It is true that the mother of the petitioner is under remand on account of her alleged involvement in a serious offence. However, that does not mean that she should be denied medical treatment. According to the petitioner, his mother lost movements in both right hand and right leg and she appears to have suffered cardiac attack earlier. After hearing the counsel on either side, I am of the view that interest of justice would be met in case a direction is issued to the Chief Medical Officer/Medical Superintendent, AGM Hospital, Trichy to examine the petitioner's mother and decide the necessity for better treatment elsewhere. 7.Accordingly, the Chief Medical Officer, AGM Hospital, Trichy is directed to examine the petitioner's mother and decide as to whether she requires better treatment from a Speciality Hospital. In case, he is of the opinion that she requires further special treatment, the Superintendent of Prison/ second respondent is directed to take the mother of the petitioner to a Multi Speciality Hospital suggested by the Chief Medical Officer at the expense of the petitioner. The examination should be conducted forthwith and a decision has to be taken by the Chief Medical Officer/Medical Superintendent, AGM Hospital, Trichy as expeditiously as possible and in any case before 02.00 p.m. on 07.01.2011. 8.The writ petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. No costs. SD/- Deputy Registrar(LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary, Home Department, Government of Tamil Nadu, Chennai. 2.The Superintendent of Prison, Trichy Women Central Prison, Trichy. 3.The Inspector of Police, Vadipatti Police Station, Madurai. 4.The CBCID Police, Ramanathapuram, at Madurai. 5.The Medical Officer, Trichy Government Hospital, Trichy. 6.The Chief Medical Officer, Medical Superintendent,AGM Hospital, Tiruchirappalli 7.Thro' The Principal District Judge, Trichy +1 CC TO MR.T.S.MOHAMMED MOHIDEEN, ADVOCATE S.R NO. 578 Order in W.P.(MD).No.245 of 2011 06.01.2011 gcg PAM 06.01.2011/9C/3P https://hcservices.ecourts.gov.in/hcservices/