W.P.(Crl.).No.463/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(CRL.) NO. 463 OF 2022
PETITIONER:
SHAMEELA,
AGED 53 YEARS,
W/O.MUHAMMED, THARIM MANZIL,
PAIVALIGE, KASARAGOD 671 121.
BY ADVS.
SHINOJ.K.N
C.K.RAPHEEQUE
K.B.NIDHINKUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, KERALA
PRISONS AND CORRECTIONAL SERVICES DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES.
PRISONS HEADQUARTERS, POOJAPPURA,
THIRUVANNATHAPURAM- 695 012.
3 THE SUPERINTENDENT,
CENTRAL PRISON, PALLIKUNNU P.O,
KANNUR, PIN 670 004.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.463/2022 2
JUDGMENT
The petitioner has approached this Court praying for a direction to the 3rd respondent to consider and pass appropriate orders on Ext.P3 representation submitted by her. Grievance highlighted by the petitioner in the aforesaid representation is relating to the non-consideration of the request for parole to her husband who is undergoing imprisonment in connection with a criminal case involving offence under Section 302IPC. The ground on which the parole is sought for is that the petitioner's husband is in need of an urgent medical treatment and to substantiate the same, Exts.P1 and P2 medical certificates issued by the doctors who treated him are produced.
2. The learned Senior Public Prosecutor submits that, even though, the petitioner submitted Ext.P3 representation before the 3rd respondent, the same is not accompanied with any of the medical certificates, so as to enable them to have an assessment of the condition of the husband of the petitioner.
3. Considering the facts and circumstances of the case, this writ petition is disposed of directing the petitioner to produce all W.P.(Crl.).No.463/2022 3 the medical reports before the 3rd respondent so as to enable them to have an assessment of the condition of the husband of the petitioner. Upon receipt of such documents, the 3 rd respondent shall take up Ext.P3 representation and urgent orders thereon shall be passed within a period of ten days from the date of receipt of the documents referred above.
Writ petition is disposed of with the above directions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/31.5.22 W.P.(Crl.).No.463/2022 4 APPENDIX OF WP(CRL.) 463/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE OF PETITIONER HUSBAND DATED 08.04.2022.
Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. SUNILCHANDRAN P.V GENERAL HOSPITAL KASARGOD DATED 06.05.2022.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 23.05.2022.