LAWS(MAD)-2021-11-21

MRS.S Vs. SUPERINTENDENT OF PRISON

Decided On November 16, 2021
Mrs.S Appellant
V/S
SUPERINTENDENT OF PRISON Respondents

JUDGEMENT

(1.) The husband of the writ petitioner figures as the first accused in Crime No.93 of 2021 on the file of Thattaparai Police Station, Thoothukudi District. Following the death of one Brahma Rajan, his wife Revathi lodged a complaint leading to registration of the said case for various offences including Sec. 306 of IPC. Provisions of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and SC/ST (POA) Act, 1989 were also invoked. The case of the prosecution is that the deceased Brahmma Rajan had availed loans from the three accused named in the FIR. The accused allegedly were collecting exorbitant interest from the deceased. Unable to bear the debt burden, he committed suicide on 14/9/2021. He left behind a suicide note implicating the three accused.

(2.) The writ petitioner's husband was arrested on 21/10/2021 and remanded to judicial custody on 22/10/2021. He was admitted in Thoothukudi Government Hospital for treatment on 23/10/2021. He was discharged from the hospital on 3/11/2021 and again re- admitted on 6/11/2021 for treatment. His bail application is still pending consideration and no order has been passed for release.

(3.) In the meanwhile, this writ petition came to be filed for shifting the petitioner's husband to Tirunelveli Government Hospital for better treatment. The writ petitioner has pleaded that her husband is suffering from psychiatric ailments, particularly, mental bipolarity. Notice was issued and Shri.G.Chandeesh, IPS., the investigation officer appeared in person. I am happy to record that Shri.T.Senthil Kumar, the learned Additional Public Prosecutor as well as the Investigation Officer assisted the court wholeheartedly and did not treat the proceedings as adversarial.