Kerala High Court
Baby vs State Of Kerala on 21 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(CRL.) NO. 1315 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
WP(CRL.) NO. 1315 OF 2023
CRIME NO.423/2006 OF Mathilakom Police Station, Thrissur
PETITIONER/S:
BABY
AGED 63 YEARS
RAMANKULATH HOUSE,AMBALANADA, VEMBALLUR THRISSUR, PIN
- 680671
BY ADVS.
ARJUN SREEDHAR
T.K.SANDEEP
ARUN KRISHNA DHAN
ALEX ABRAHAM
SWETHA R.
HARIKRISHNAN P.B.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR ERNAKULAM, PIN -
682031
2 SUPERINTENDENT OF JAIL
THRISSUR , SHORANUR ROAD, VIYYUR, THRISSUR, PIN -
680010
SRI.HRITHWIK CS, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(CRL.) NO. 1315 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.( Crl.) No.1315 of 2023
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Dated this the 21st day of December, 2023
JUDGMENT
This Writ Petition (Crl.) is filed with following prayers :
"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing 2nd respondent to release the son of the petitioner, Mr. Ratheesh, on special leave/parole for a period of 2 months to perform the last rites of his deceased father.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd respondent to consider and pass orders on Exhibit P2 representation within a time frame as may be fixed by this Hon'ble Court.
iii) Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case."[SIC]
2. When this Writ Petition (Crl.) came up for consideration on 15.12.2023, this Court passed the following order :
"The Public Prosecutor takes notice for respondents. It is submitted that father of the convict died on 14.12.2023. The Public Prosecutor submitted that the convict is already taken to the residence with escort. I am of the considered WP(CRL.) NO. 1315 OF 2023 3 opinion that the convict is entitled emergency leave in the light of Rule 400 (1)(i) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. Therefore, once the convict is returned back to the jail, the 2nd respondent shall pass appropriate orders granting emergency leave to the petitioner. Post on 21.12.2023."
3. Now, the Public Prosecutor submitted that emergency leave is granted to the petitioner's son for six days from 16.12.2023. The counsel for the petitioner submitted that the father of the convict died and there are certain customary rituals to be completed by the convict and the emergency leave may be extended till 02.01.2024. I think that prayer can be allowed in the peculiar facts and circumstances of this case. Therefore, the emergency leave already granted to the petitioner's son is extended till 02.01.2024. The petitioner's son will report back to the jail before 5 pm on 02.01.2024.
With the above observation, this Writ Petition (Crl.) is disposed of.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(CRL.) NO. 1315 OF 2023 4 APPENDIX OF WP(CRL.) 1315/2023 PETITIONER EXHIBITS EXHIBIT-P1. A TRUE COPY OF THE LETTER ISSUED BY WARD MEMBER OF SREENARAYANAPURAM GRAM PANCHAYATH DATED 14.12.23 EXHIBIT-P2. A TRUE COPY OF THE REPRESENTATION DATED 14.12.2023 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT