High Court · 2025

CRL MP(MD) No. 8130 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11-07-2025CORAMTHE HONOURABLE DR JUSTICE R.N.MANJULACRL MP(MD) No. 8130 of 2025in Crl.A(MD).No.143 of 2023Palanisamy... PetitionerVsState rep., by itsThe Inspector of Police,Rajapalayam All Women Police Station,Virudhunagar District.Crime No.13 of 2020... RespondentsFor Petitioner(s): Mr.A.SaravananFor Respondent(s): Mr.A.Albert James,Government Advocate (Crl.side)Prayer: This Petition is filed under Section 528 of BNSS praying to extend the timegranted to the petitioner in Crl.M.P(MD).No.4105 of 2025 in Crl.A(MD).No.143 of2023 by an order dated 23.04.2025 for a further period of two months. ORDERThis petition is filed to extend the time granted to the petitioner in Crl.M.P(MD).No.4105 of 2025 in Crl.A(MD).No.143 of 2023 by an order dated 23.04.2025 for1/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8130 of 2025a further period of two months. 2. The petitioner initially filed Crl.M.P(MD).No.4105 of 2025 seeking interimsuspension of sentence imposed by the Special Court for POCSO Act Cases,Virudhunagar District at Srivilliputhur, in Spl.S.C.No.20 of 2021 dated 02.02.2023, onthe ground of undergoing medical treatment. Considering such ground, this Court,vide order dated 23.04.2025, allowed the said petition by suspending the substantivesentence of imprisonment alone imposed on the petitioner for a period of twomonths i.e., from 28.04.2025 to 28.06.2025. It was actually represented by thepetitioner that he has chosen to undergo the surgery in a private hospital in order toenable his family to take care of him. Thereafter, the petitioner has filed the presentpetition seeking aforesaid prayer. 3. When the matter was taken up for hearing on 27.06.2025, it was representedthat the petitioner was unable to arrange money to undergo surgery and he is goingto get admitted in the hospital on 28.06.2025 and under this circumstances, thisCourt extended the suspension of sentence upto 07.07.2025 and directed the matterto be listed for reporting the status. Even in that order, the Court has observed asunder:“2.In the petition filed by the petitioner in Crl.M.P(MD) No. 4105 of2025, an order has been passed on 23.04.2025 by suspending the sentence2/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8130 of 2025for a period of two months from 28.04.2025 to 23.06.2025, since thepetitioner has to undergo a major surgery in a private hospital, due to hisCardiac issue.3.Now the petitioner has filed this petition seeking further extensionby stating that he had arranged money for the surgical treatment, which isgoing to be undergone shortly.4.The petitioner has already alleged that he has to undergo surgeryin a private hospital. Only on that ground, order of suspension has beengranted to the petitioner for a period of 2 months. Therefore, it is expectedthat the petitioner should have completed his surgical treatment by thistime.5.The learned counsel for the petitioner now submitted that it is notpossible for him to arrange money and that is why, he could not undergothe surgery.6.The conduct of the petitioner reporting to the hospital on06.06.2025 for evaluation and then postponing the treatment under onepretext or other, does not appear to be genuine.7.Though the petitioner has cardiac issue, taking advantage of thesuspension already given for nearly two months, the petitioner has chosento allow the period to expire by saying that he did not get admitted in thehospital, as the Hospital authorities asked him to pay the money. Noprivate hospital will do the surgery without paying money by the patient.Even if the petitioner is not ready with the money, he could have filed apetition for suspension after arranging the money. So the conduct of thepetitioner appears that he just intends to get maximum time by stating the3/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8130 of 2025reason for surgery. When the petitioner did not have money, then heshould allow the Jail authorities to admit him in the Government hospitalto do the surgery.8.The petitioner has stated that he is going to admit in the hospitalfor surgery tomorrow. Hence, the sentence is suspended till 07.07.2025.”4. Thereafter, when the matter was taken up for hearing on 08.07.2025, it wasrepresented that the petitioner is going to undergo surgery on 09.07.2025. However,on 09.07.2025, it was submitted by the learned counsel for the petitioner that thepetitioner had undergone only angiogram on 08.07.2025 and the date for surgeryhas not yet been fixed. It was further submitted that the petitioner is going toundergo surgery in a Government Hospital as his family is unable to arrange therequired funds. This submission is in direct contradiction to the earlierrepresentation made by the petitioner, on the basis of which, this Court grantedsecond extension of suspension of sentence on 27.06.2025. In fact, on the very firstoccasion, this Court has directed the respondent police to ascertain the status of thepetitioner from the Prison Hospital. The Assistant Civil Surgeon, Central PrisonHospital, Madurai, had submitted a report dated 11.04.2025 by stating that thepetitioner does not require any immediate surgery or treatment. However, byproducing subsequent documents, the petitioner could get order for suspending thesentence and thereafter, further extension. The petitioner appears to have4/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8130 of 2025undergone the echo cardiography on 05.07.2025, in which, the diagnosis has beenmade as under:5/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8130 of 20255. As the petitioner is making different representation each time, this Courtdirected the respondent police to ascertain the status of the petitioner's admissionand what is the treatment plan suggested by the doctor and adjourned the mattertoday i.e., 11.07.2025. In pursuant to the same, the report from the doctor isproduced today by the learned Government Advocate (Crl.side). The report of thedoctor reads as under:“The patient who is a known case ofDiabetes/Hypertension/Coronary Artery Disease triple vessel disease,came with complaints of chest pain for 3days was admitted on 04.07.2025at 01.02 pm., and patient diagnosed as Coronary artery disease/AcuteCoronary Syndrome/Unstable angina based on ECG and clinical findings.Relevant blood investigations were done and all were unremarkableexcept blood sugar. Patient was treated with anti coagulants, anti-platelets, statins, anti hypertensive, anti diabetic drugs according to bloodsugar levels. Cardiologist and Cardiothoracic surgeon opinion wasobtained and ECHO and Coronary Angio-gram was done. ECHOimpression-Suggestive of Coronary Artery Disease. Coronary angiogramdone by cardiologist which showed multi vessel disease and patient wasadvised CABG (Coronary Artery Bypass Graft). Cardiothoracic surgeonreviewed and advised CABG. Patient was not willing for CABG andPatient was discharged on 10.07.2025 at 02.00 PM. “6/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8130 of 20256. So far, the petitioner has been filing petition after petition by stating that hehas to undergo cardiac surgery for his cardiac ailments. Initially, he opted to admitin a Private Hospital and thereafter, he changed his decision and informed the Courtthat he would seek treatment at the Government Hospital. Now, it is learnt fromthe report of the doctor that the petitioner is not willing to subject himself toundergo surgery as adviced by the doctor and hence, he was discharged from thehospital on 10.07.2025 at 02.00 pm. 7. Since the petitioner cannot be permitted to indefinitely delay hisincarceration on the pretext of medical treatment, this Civil Miscellaneous Petition isdismissed. 8. The trial Court is directed to secure the petitioner forthwith in order to sendhim to prison to serve the punishment imposed. sd/- 11/07/2025 / TRUE COPY / 14/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. 7/8 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8130 of 2025RMKTO1. THE JUDGE, SPECIAL COURT FOR POCSO ACT CASES,VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.2.THE SUPERINTENDENT,CENTRAL PRISON,MADURAI.3.THE ASSISTANT CIVIL SURGEON, CENTRAL PRISONHOSPITAL, MADURAI.4.THE INSPECTOR OF POLICE,RAJAPALAYAM ALL WOMEN POLICE STATION,VIRUDHUNAGAR DISTRICT.5.THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No. 8130 of 2025in Crl.A(MD).No.143 of 2023 Date :11/07/2025 PR/14.07 .2025 8P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8