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2023 (7) TMI 381 - HC - Money LaunderingMaintainability of writ of Habeas Corpus against an order of remand under Section 167 of Criminal Procedure Code - Illegal detention of the husband of the petitioner - it is alleged that the detenu had obtained money from third parties, promising jobs in the Transport Department and thereafter cheated them - HELD THAT:- The medical bulletin issued by the Government Medical College and Hospital, Omandurar Government Estate is extracted. At this juncture, lightly and without any material, it cannot be doubted that the opinion of the doctors, when there has to be an emergent treatment. As prima facie, the detenu is in custody by judicial order of remand, there is no question of enlarging him on bail. He shall continue to be in judicial custody. The only question is whether he has to undergo an emergent treatment at the Omandurar Government Hospital itself or the hospital of their choice. In this regard, when the petitioner pleads that they have a regular physician at Cauvery Hospital, Chennai which is also a reputed hospital in Chennai, regarding the treatment in Cardiology, when the matter is concerning a life of an individual, the prayer on behalf of the detenu to undergo treatment at the hospital of their choice, at his own cost, can be acceded to even while he continues to be in judicial custody. But however, since there is a concern which is expressed on behalf of the respondents / Enforcement Directorate, even after shifting the detenu from the Omandurar Government Hospital to Cauvery Hospital, a panel of doctors constituted by the respondents, can also visit and examine the detenu and the medical records and the treatment which is being given to the detenu - the detenu is directed to be shifted to Cauvery Hospital, Chennai, for undergoing the emergency treatment as mentioned in the Medical Bulletin of the Omandurar Government MultiSpeciality Hospital, Chennai, dated 14/06/2023. Call the main Habeas Corpus Petition on 22.06.2023 for final disposal.
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