Based on a "clear and catergorical" report by hospital's Medical Director, the division bench comprising Justices S Rajeswaran and P N Prakash gave the directeion on a status report filed by police yesterday, stating that he was fit to be discharged.
The report was filed on the direction of the court following a Haebeas Corpus petition by the boy's mother, demanding that he be produced before court.
On January 28, the court had directed police not to disturb the boy being treated at the corporate Hospital, till a counter was filed explaining his health status.
The report had a certificate dated February 11 issued by the Medical Director of Global Health City, Chennai.
More From This Section
The bench noted that the certificate had mentioned the boy was now carrying out his normal activities, including his diet, in a regular manner and all doctors treating him had given clearance for his discharge.
Moreover it noted that government had undertaken to settle all hospital bills before his discharge. Secondly an amount of Rs one lakh had been paid as solatium to him on the orders of Chief Minister on January 20.
The bench said when this was the position, the boy need not be kept in hospital and should be discharged on settlement of hospital bills by police. He could take treatment as an out-patient in the same hospital at his own cost, it said.
The matter pertains to the January 7 arrest of the boy in connection with theft from a temple hundi.
Police in their status report said a bullet from the inspector's gun went off while he was cleaning it and hit the boy on his neck while he was lying on the ground at the police station after taking food.
Inspector Pushparaj involved in the incident has already been suspended. An FIR under IPC Section 338 (causing grievous hurt by act endangering life or personal safety of others) was also filed against him.