Kerala High Court
Pavithran vs State Of Kerala on 28 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
WP(CRL.) NO. 532 OF 2021
PETITIONER:
PAVITHRAN
AGED 55 YEARS
S/O. KUTTAPPAN,
KUPPASSERY HOUSE,
VALARA P.O.,
IRUMPUPALAM,
IDUKKI DISTRICT.
BY ADVS.
R.ANIL
M.SUNILKUMAR
SUJESH MENON V.B.
T.ANIL KUMAR
THOMAS ABRAHAM
MAHESH BHANU S.
S.LAKSHMI SANKAR
RESSIL LONAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES,
PRISON HEAD QUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM, PIN-695012.
3 SUPERINTENDENT,
CENTRAL PRISON, VIYYUR, THRISSUR-680010.
BY ADV. SMT. S. SEETHA, SENIOR PUBLIC PROSECUTOR.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl).No.532 OF 2021
2
VIJU ABRAHAM (J)
------------------------------------
WP(CRL.) No.532/2021
--------------------------------------
Dated this the 28th day of December, 2021
JUDGMENT
Petitioner herein is the father of one Dhaneesh Pavithran
a convicted prisoner detained at High-tech Prison, Viyyur.
Dhaneesh Pavithran, was granted parole as per Ext.P1 for a
period of 15 days, w.e.f. 13.12.2021, which is to expire on
30.12.2021.
2. The contention of the petitioner is that, while the said
Dhaneesh Pavithran was in Parole he has been infected with
Covid-19 and is not in a position to report back to prison due
to his health condition. In support of the same, the petitioner
has produced Ext.P2, the laboratory test report dated
21.12.2021. It is further contended that, in the said
circumstances, he has preferred Ext.P3 representation before
respondents 2 and 3, requesting to extend the parole granted
to the petitioner's son, Mr. Dhaneesh Pavithran, for a further
period of 15 days from 30.12.2021.
WP(Crl).No.532 OF 2021
3. I have heard the counsel for the petitioner as well as
the learned Public Prosecutor.
4. In the facts and circumstances of this case, I deem it
appropriate to direct the 3rd respondent to take a decision on
Ext.P3, at the earliest, at any rate, within a period of one week
from the date of receipt of copy of this judgment.
5. It is further directed that the direction in Ext.P1 that
Shri.Dhaneesh Pavithran should report back to prison on
30.12.2021, shall be kept in abeyance, till a decision is taken
on Ext.P3 petition, as directed above.
The W.P.(Crl.) is disposed of accordingly.
Sd/-
VIJU ABRAHAM
JUDGE
SPV
WP(Crl).No.532 OF 2021
APPENDIX OF WP(CRL.) 532/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.HSP-
134/134/2021 DATED 13.12.2021 OF THE
THIRD RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF
COVID-19 (SARS-COV2) RT-PCR DATED
21.12.2021.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION TO
THE SECOND AND THIRD RESPONDENTS.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
