Kerala High Court
Ameena vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
WP(CRL.) NO. 430 OF 2024
AGAINST THE JUDGMENT DATED 22.09.2014 IN SC NO.105/1997 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
THIRUVANANTHAPURAM / I ADDITIONAL MACT
PETITIONER/ACCUSED:
AMEENA,
AGED 55 YEARS,
W/O SAMEER RIFAYI. S, THITTAYIL HOUSE, NEAR S.I.U.P.S,
MADANVILA, SARKARA-CHIRAYINKEEZHU, PERUMATHURA,
THIRUVANANTHAPURAM, PIN - 695 303.
BY ADVS.
SUBASH CHANDRAN
GAYATHRI MURALEEDHARAN
ARATHY P.
ANJANA S. RAJ
JEEVLIN JIJI
RESPONDENT/STATE:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT
OF KERALA THROUGH CHIEF SECRETARY, GROUND FLOOR, MAIN
BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695 001.
2 DIRECTOR GENERAL OF PRISONS AND CORRECTION SERVICES
PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,
KERALA, PIN - 695 012.
3 SUPERINTENDENT OPEN PRISON,
KOTTOOR P.O, NETTUKALTHERI, THIRUVANANTHAPURAM, KERALA,
PIN - 695 574.
4 STATION HOUSE OFFICER,
KADINAMKULAM POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695 303.
SRI E.C. BINEESH-PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 430 OF 2024
2
JUDGMENT
The petitioner is the sister of a life convict bearing No.3300 of the Open Prison and Correctional Home, Nettukaltheri. The mother of the petitioner and the said life convict passed away on 11.04.2024. To attend the funeral, the convict was afforded with the escort parole. Later, as per order dated 12.04.2024, this Court modified the said order as one for emergency leave and allowed leave till 16.04.2024 upto 05.00 p.m. The present request of the petitioner is to extend the emergency leave, so as to enable the convict to take part in the religious ceremonies, which falls on the 3rd and 7th day of the date of death.
2. Learned counsel for the petitioner would submit that an application in this behalf has already been filed before the Superintendent of the Open Prison, Nettukaltheri / 3rd respondent.
3. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, this WP(CRL.) NO. 430 OF 2024 3 Court is inclined to extend the period of emergency leave upto 18.04.2024.
4. Accordingly, the convict shall report back before the Superintendent of the Open Prison and Correctional Home, Nettukaltheri by 05.00 p.m on 18.04.2024. It is clarified that the convict shall not be afforded with any further extension in this regard.
W.P.(Crl.) is disposed of with the above direction.
Sd/-
C. JAYACHANDRAN JUDGE DK WP(CRL.) NO. 430 OF 2024 4 APPENDIX OF WP(CRL.) 430/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT OF OPEN PRISON AND CORRECTIONAL HOME, NETTUKALTHERI DATED 23.09.2023 Exhibit P2 THE TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORMA DAILY ON 12.04.2024