JUDGMENT :

R.SUBRAMANIAN, J.

Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, challenging the order passed in W.P.No.17356 of 2011 dated 05.10.2012

The facts which are necessary for disposal of the appeal are as follows:-

1. The appellant was working as a Head Constable at Pennagaram Police Station. On 12.02.2007 the appellant along with a women Sub-Inspector Malarvizhi and four Constables went on a raid to apprehend illicit arrack traders. They got hold of one Murugan and one Madhaiyan who were selling arrack within the limits of the police station. While Madhaiyan was let off after a short detention in the police station, the other accused person Murugan was produced before the Magistrate and remanded to judicial custody and he was taken to the sub-Jail at Dharmapuri. There they were told that there was no space and directed them to take him to Salem Central jail. The accused was taken to the Salem Central Jail and he was assigned prisoner number.

2. However, when the accused person Murugan was being examined he suffered fits and he was taken to the jail Doctor. Upon the advice of the jail Doctor he was moved to the Government Hospital at Salem and he was admitted in