Kerala High Court
Unknown vs Tuesday on 23 March, 2021
WP(C) 4865/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE V.G.ARUN
Tuesday,the 23rd day of March 2021/2nd Chaithra, 1943
WP(C) No.4865/2021
PETITIONER
For information purpose only
SATHEESAN,
S/O. RAMAKRISHNAN, PANCHAVADI VEEDU, THOTTATHIPARAMBU
BHAGOM, MARADU P.O. ERNAKULAM DISTRICT ,PIN-682 304.
RESPONDENT
1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY , SECRETARIAT,
PALAYAM P.O., THIRUVANANTHAPURAM DISTRICT PIN-695 001.
2. THE SECRETARY,
DEPARTMENT OF HOME, GROUND FLOOR, MAIN BLOCK , SECRETARIAT,
PALAYAM P.O. THIRUVANANTHAPURAM DISTRICT,
PIN-695 001.
3. THE JAIL SUPERINTENDENT,
CENTRAL PRISON, KANNUR, PALLIKKUNNU P.O. KANNUR DISTRICT,
PIN-670 004.
4. THE STATION HOSUE OFFICER,
HILL PALACE POLICE STATION, HILL PALACE ROAD, THRIPUNITHURA
P.O. ERNAKULAM DISTRICT ,PIN-682 301.
Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit
filed along with the WP(C) the High Court be pleased to direct the 1st respondent to get the
petitioner examined by a Medical Officer and to take a decision as per Rule 457 of the Kerala
Prison and Correctional Services (Management) Rules and till that decision is taken, to keep in
abeyance proceedings to re-incarcerate the petitioner to undergo remaining sentence imposed
on him as per the judgment in S.C.No.37/09 on file of 3rd Additional District & Sessions
Court, Ernakulam, pending disposal of the Writ Petition .
This petition again coming on for orders upon perusing the petition and the affidavit
filed in support of WP(C) and this court's order dated 12-03-2021 and upon hearing the
arguments of M/S DINESH MATHEW J.MURICKEN, MOHAMMED THAYIB N.M.,
SREELAKSHMI R., K.A.ABHILASH, N.R.SANGEETHARAJ, VINOD S. PILLAI,
WP(C) 4865/2021 2/5
Advocates for the petitioner and of GOVERNMENT PLEADER for Respondents ,the court
passed the following
For information purpose only
V.G.ARUN, J.
...................................................................
W.P(C) No.4865 of 2021
.....................................................................
Dated this the 23rd day of March, 2021
ORDER
The petitioner, while undergoing life imprisonment pursuant to his
conviction
Forforinformation purpose only
the offence under Section 302 IPC, was released
prematurely on the strength of Ext.P1 order. Presently, the petitioner is
facing threat of reincarceration based on the Ext.P3 order dated
28.10.2020. As per the averments and the exhibits in the writ petition, it
appears that the petitioner is paralyzed and completely bedridden due to
peripheral occlusive vascular disease and needs continuous treatment and
follow up. The Superintendent of the Central Prison and Correctional
Home, Kannur, admits that it would be difficult to shift the petitioner to the
prison. By Annexure 4 proceedings, the Director General of Prisons and
Correctional Services, directed that, instead of the Central Prison, Kannur
the petitioner be sent to the Central Prison at Viyyur, in view of his medical
condition.
2. According to the learned Counsel for the petitioner, the
petitioner cannot even be moved out of his bed, let alone be shifted to the
prison. It is submitted that Rule 457 of the Kerala Prisons and
Correctional Services (Management) Rules, provides for release of a
prisoner if he is certified to be suffering from critical illness.
3. The learned Public Prosecutor submits that the certification
under Rule 457 is issued only in the case of persons undergoing
imprisonment and that, the petitioner will have to be shifted to the prison
W.P(C) No.4865 of 2021
before considering his case for release under Rule 457.
4. Having considered the submissions, it is my considered opinion
that special circumstances, which in the instant case is the medical
condition of the petitioner, require deviation from the normal practice.
For information purpose only
Hence, I deem it appropriate to direct respondents 2 and 3 to constitute a
Medical Board in terms of Section 24 of the Kerala Prisons and
Correctional Services (Management) Act. The Medical Board shall examine
the prisoner at his residence and file a report within one month of its
constitution. The 4th respondent shall provide all assistance to the Medical
Board for conducting such examination.
The interim order will stand extended by two months.
Post on 20.05.2021.
Sd/-
V.G.ARUN
JUDGE
SJ
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010131012021 5/5
EXHIBIT P1 - TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(M.S.) NO.
47/2011/HOME ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT DATE 18.02.2011.
EXHIBIT P3 - TRUE COPY OF THE GOVERNMENT ORDER NO.GO.(M.S.) NO.
202/2020/HOME ISSUED BY THE ADDITIONAL CHIEF SECRETARY DATED
For information purpose only
28.10.2020.
