This Criminal Original Petition has been filed to issue a direction to the respondents to grant two months leave for the detenue, Viswanathan, aged about 39 years, Life Convict No.2807, S/o.Rajagopal, detained at Coimbatore Central Prison, Coimbatore.
2. The petitioner is a life convict and he has been in jail nearly for the past 12 years. It is stated that the petitioner was granted leave for several months as he undergone kidney transplantation. Since there is a fluctuation in the tacrolimus trough level, he requires close monitoring of tacrolimus trough level to prevent rejection of transplanted kidney and he requires follow up once in a week for the next two months, by the Doctor. Hence a further period of two months is necessary due to his health condition, according to the learned counsel for the petitioner.
3. The learned counsel for the petitioner submits that the petitioner made a representation dated 19.12.2016 to the respondents through registered post. He also submitted a representation to the third respondent to grant leave for the above stated reasons. Since there is no reply from the respondents, the present Criminal Original Petition is filed.
4. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondents.
5. The medical report dated 14.12.2016 issued by M/s.Kovai Medical Center and Hospital Limited, Coimbatore, shows that the petitioner suffers from fluctuation in the tacrolimus trough level. According to medical science, fluctuation in the tacrolimus trough level has to be attended with proper medical care. Hence the third respondent is directed to consider the representation of the petitioner dated 19.12.2016 positively and pass appropriate orders within a week from the date of receipt of a copy of this order.
6. The Criminal Original Petition is disposed of accordingly.
Index : Yes/No 27.01.2017 Internet : Yes/No KM To
1. The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai-600 009.
2. The District Collector, Coimbatore District, Coimbatore-641 018.
3. The Additional Director General of Prison, CMDA Towers, Egmore, Chennai-600 008.
4. The Superintendent of Police, Central Prison, Coimbatore.
5. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.960 of 2017 27.01.2017 http://www.judis.nic.in