Citation : 2026 Latest Caselaw 1852 Mad
Judgement Date : 15 April, 2026
WP Crl. No. 806 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
WP Crl. No. 806 of 2026
Mina Jalandar Pakhare
W/o. Jalandar Damu Pakhare,
Temporarily residing at
No.29, Karpagam Garden,
1st Main Road,
Adyar, Chennai - 600 020.
..Petitioner(s)
Vs
1. The Superintendent of Prison,
Central Prison,
Puzhal, Chennai - 600 066.
2. State Rep.by, The Inspector of Police,
C2, Elephant Gate Police Station,
Chennai.
..Respondent(s)
PETITION filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus or any other appropriate writ, order or
direction, directing the 1st respondent to forthwith shift the detenu, named
Kailas Jalinder Pakhare, to a reputed private Multi-Speciality Hospital for
providing proper and continuous Medical Treatment, at the cost of the petitioner
and thus render justice.
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https://www.mhc.tn.gov.in/judis
WP Crl. No. 806 of 2026
For Petitioner(s): Mr.M.G.Martin Manivannan
for Mr. K.Prithiviraj
For Respondent(s): Mr.R.Muniyapparaj
Additional Puplic Prosecutor
Assisted By Mr.M.Sylvester John
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by
Mr.M.Sylvester John, learned counsel accepts notice for the respondents.
2. The petitioner is the wife of Jalandar Damu Pakhare, who is presently
confined in Central Prison, Puzhal (convict). She states that the convict is ill
and is suffering from chronic kidney disorder and mental health illness. His last
admission in Government Stanley Medical College & Hospital was on
24.03.2026 and he was discharged on 10.04.2026.
3. The discharge summary placed before us indicates that his discharge
was with the consent of the doctors and he is under treatment for various
illnesses noted therein.
4. According to the petitioner, the convict’s health issues continue and
are, in fact, aggravated. However, there is no proper medical attention being
given to him in the jail. Hence, this petition, as she apprehends serious
deterioration in her husband’s health.
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5. Since, the convict has been discharged only on 10.04.2026, we are not
immediately inclined to order shifting him to a hospital right now.
Alternatively, we direct Mr.Muniyapparaj, learned Additional Public
Prosecutor to inform the jail authorities to arrange for a medical assessment of
the convict today (15.04.2026).
6. A copy of the assessment shall be furnished to the petitioner on
16.04.2026, once the assessment is complete, in order to enable them to take a
second opinion from a private hospital, should it be needed.
7. Let a medical report indicating whether it is necessary to shift the
convict yet again to the hospital be filed on the next date of hearing. If in the
affirmative, the petitioner will inform us to which private hospital they intend
to approach in order that consent may be obtained from that hospital also.
8. List on 17.04.2026.
(A.S.M.,J.) (S.M.,J.)
15-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SL
Note: Issue a copy of this order forthwith.
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DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
SL
To
1. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.
2. State Rep.by, The Inspector of Police, C2, Elephant Gate Police Station, Chennai.
3. The Public Prosecutor, High Court, Madras
15-04-2026
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