HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W. P.(Crl.) No.267 of 2025and W.M.P.(Crl.) No.114 of 2025 Visalakshi …Petitioner vs. 1.State of Tamil Nadu, Rep. by its Secretary, Armstrong accused Nagenthiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2025
CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W. P.(Crl.) No.267 of 2025and
W.M.P.(Crl.) No.114 of 2025
Visalakshi …Petitioner
vs.
1.State of Tamil Nadu,
Rep. by its Secretary,
Home (Prison) Department,
Fort St. George, Chennai – 600 009.
2.The Additional Director General of Police and Inspector General of Prison, Tamilnadu Prison Department, Egmore, Chennai – 600 008.
3.The Superintendent of Prisons, Central Prison, Vellore.
4.The Superintendent of Prisons,
Central Prison-I, Puzhal, Chennai. …Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to shift the petitioner’s husband P.Nagendran, Life Convict No.1236, now confined at Central Prison, Vellore and to shift him to the Rela Hospital, Chrompet, Chennai for better and proper medical treatment and periodical medical review, pursuant to the report of the CMC Hospital, Vellore, dated
10.04.2025.
For Petitioner : Mr.R.John Sathyan, Sr. Counsel for Mr.A.Nirmal Kumar Sharma
For Respondents : Mr.A.Damodaran,
Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
On the ground that the petitioner’s husband, namely P.Nagendran,
Life Convict No.1236, who is a convict prisoner in Central Prison,
Vellore, requires immediate medical attention towards ‘re-do Living Donor
Liver Transplantation’ (LDLT), she seeks for shifting her husband from the Central Prison, Vellore to Rela Hospital, Chrompet, Chennai, for medical treatment and periodical medical review, in this Writ Petition.
2. We are appraised that the convict prisoner was earlier admitted in Christian Medical College, Vellore (CMC) for medical treatment from
30.01.2025 to 22.04.2025 and since then, he has been receiving regular follow-up care in the out-patient department of CMC. All the medical records produced before us also substantiate that the convict prisoner’s medical condition has worsened clinically and his liver function test also reveals recent drop in Albumin and Potassium levels. The Doctors at CMC had recommended for immediate LDLT in the medical report dated 12.08.2025.
3. Three family members of the convict prisoner were projected as prospective donors of liver for transplantation. We had referred them to CMC, through an interim order order dated 11.08.2025, which reads as follows:-
“After obtaining instructions from the petitioner’s family members, the respondent police have produced a list of three prospective donors for liver transplant to the convict prisoner, who are as follows:
S.No. Donor Name Relationship with Nagendiran (Convict)
1 N.Shalini, F/A 26 years, D/o.Nagendiran Daughter of Nagendiran/ Convict
2 Saranya, F/A 30 years, W/o.Pushparaj Daughter in Law of
Nagendiran/Convict
3 Deepa, F/A 37 years, W/o.Daniel Jabaraj Distance (sic) Relative of Nagendiran/Convict
2.It is also reported that based on the
recommendation of Christian Medical College, Vellore, the medical condition of the convict prisoner viz. Mr.Nagendiran, is required to be re-evaluated on 12.08.2025 at C.M.C, Vellore. 3.The prospective living donors mentioned above viz. 1) N.Shalini, 2) Saranya and 3) Deepa shall be present before the Christian Medical College, Vellore, Ranipet Campus, on 12.08.2025, when the convict prisoner Mr.P.Nagindran is presented therein for medical review and subject themselves for medical examination. The speciality doctors at C.M.C, shall thereafter conduct the necessary health evaluations and all other required medical tests on these living donors and ascertain their optional liver anatomy and submit a report before us, touching upon their viability to be a prospective liver donor.
3.In case the doctors at C.M.C., Vellore, advise for admitting the convict prisoner in their hospital, the respondent shall permit one attendant, who shall be a family member of the convict prisoner to be with him. However, the said attendant shall not carry any mobile phone with him / her during his / her stay with the prisoner. 4.For recording further progress, call on
18.08.2025.”
4. Today, the medical team attached to the Department of Hepatology, CMC, has opined that they are not equipped to offer LDLT at their hospital. While opining so, they have recorded that the convict prisoner has worsened clinically with development of fever, pedal edema, ascites and early hepatic encephalalopathy and his liver function tests have worsened with recent drop in Albumin and Potassium levels.
5. In the light of the medical records and recommendations produced before us, we are of the view that the petitioner’s husband requires immediate medical attention for the purpose of undergoing LDLT and by taking into account that he had earlier undergone LDLT procedure at Rela Hospital, Chrompet, Chennai, he may be referred to the medical Doctors therein, together with the three family members, who had offered to donate their livers.
6. The learned Additional Pubic Prosecutor raised certain apprehensions, in view of the criminal antecedents of the convict prisoner and sought for imposition of stringent conditions. The conditions sought for him appears to be reasonable in the given circumstances of this case.
7. Accordingly, the respondents herein shall forthwith transfer thepetitioner’s husband/life convict prisoner, namely P.Nagendran, Life Convict No.1236, from Central Prison, Vellore to Rela Hospital, Chrompet, Chennai, wherein he shall be admitted as an in-patient for the purpose of medical treatment, on the following conditions:-
(i) No cellphones or other electronic gadgets will be allowed for the convict prisoner and the attendant.
(ii) Only one attendant, who shall be a family member of the life convict prisoner, will be allowed throughout the treatment process. No visitors will be allowed during the entire treatment period. No change of attendant to the convict prisoner will be permitted, without prior permission of this Court.
(iii) Food for both the convict prisoner and the attendant will be provided only by the hospital.
(iv) 24-hours CCTV surveillance and police security will be maintained.
(v) After receiving a fitness certificate, the life convict prisoner will be immediately handed over to the Jail authorities.
8. With the above directions, the Writ Petition stands allowed. No
costs.
[M.S.R, J.] [V.L.N, J.]
13.08.2025
Index:Yes/No
Speaking order/Non-speaking order hvk
Note: Issue order copy on 14.08.2025
To
1.The Secretary to Government, Home (Prison) Department,
Fort St. George, Chennai – 600 009.
2.The Additional Director General of Police
and Inspector General of Prison, Tamilnadu Prison Department, Egmore, Chennai – 600 008.
3.The Superintendent of Prisons, Central Prison, Vellore.
4.The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai.
5.The Public Prosecutor, High Court of Madras.
M.S.RAMESH, J. and V. LAKSHMINARAYANAN, J.
hvk
W.P.(Crl.) No.267 of 2025
13.08.2025