Kavitha K. James vs State Of Kerala
2022 Latest Caselaw 3942 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                       WP(CRL.) NO. 299 OF 2022
PETITIONER:

          KAVITHA K. JAMES
          AGED 38 YEARS
          D/O. JAMES, KUTTIKKAL HOUSE,
          NEDUMANNY P.O, NEDUMKUNNAM,
          CHANGANASSERY, KOTTAYAM DISTRICT,
          PIN CODE - 686542.
          BY ADV SHAJIN S.HAMEED

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
          HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN CODE - 695001.
    2     THE DIRECTOR GENERAL OF PRISONS & CORRECTIONAL
          SERVICES,
          KERALA PRISONS HEADQUARTERS, POOJAPPURA,
          THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695012.
    3     THE SUPERINTENDENT OF PRISON,
          CENTRAL PRISON, VIYYUR, THRISSUR DISTRICT,
          PIN CODE - 680010,
    4     THE STATION HOUSE OFFICER,
          PEECHI POLICE STATION, THRISSUR DISTRICT,
          PIN CODE - 680653.

          SRI. HRITHWIK C.S-SR.PP

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl).No.299 of 2022
                                       2



                                     JUDGMENT

Petitioner is the sister of a life convict who is undergoing

imprisonment in Central Prison, Viyyur. Her brother is in the Central

Prison, since 2015 onwards. Her father, a senior citizen, is aged 67

years and mother is aged 65 years. Both the parents are seriously ill

and are under treatment. The prisoner has not been given any kind of

leave for the last seven years. The petitioner has produced various

documents proving the ailment of the father. The grievance of the

petitioner is that even though, she had knocked at the doors of the

respondents 2 and 3 on numerous occasions, they did not grant him

ordinary parole or even emergency leave so as to attend the ailing

parents.

2. I heard the learned counsel for the petitioner and the learned

Senior Public Prosecutor.

3. The 3rd respondent has filed a statement. Going by the

statement, the petitioner is a life convict, who has been sentenced to

undergo rigorous imprisonment for 20 years and fine of Rs.1 lakh, in

default to undergo imprisonment for six months under Section 376(2)

(f) of the IPC and rigorous imprisonment for 20 years and fine of Rs.1 W.P.(Crl).No.299 of 2022

lakh, in default to undergo imprisonment for six months under Section

5(f)(m) read with Section 6 of the POCSO Act. The sentences are

directed to be suffered concurrently. He is a life convict in

S.C.No.295/2015, where he has been sentenced to undergo

imprisonment for life and to pay a fine of Rs.50,000/- under Section

376(2)(i) and (n) of IPC. Both the convictions were made by the

Additional Sessions Court, Thrissur. The 3rd respondent is aware of

the medical condition of the father of the petitioner. But according to

him, the medical certificate issued by the doctor does not conform to

Rule 403(1) of the Kerala Prisons and Correctional Services

(Management) Rule, 2014 so that the application can not be

considered. According to the 3rd respondent, if proper medical

certificate is received, the application shall be verified and processed

by them.

4. It is evident that the brother of the petitioner is undergoing

imprisonment for nearly seven years. He has not been granted any

kind of leave during the last seven years. The documents produced by

the petitioners indicate that the father of the petitioner, who is aged 67

years, is under constant treatment and medication. He is also reported

to be suffering from quadriparesis.

W.P.(Crl).No.299 of 2022

Considering the fact that the father of the petitioner is seriously

ill, it is only appropriate that the petitioner's brother is granted

emergency leave for a period of five days. Orders shall be passed

within a period of one week.

Writ Petition is disposed of as above.

Sd/-

K.HARIPAL JUDGE Jms/05.04

//True Copy// P.A to Judge W.P.(Crl).No.299 of 2022

APPENDIX OF WP(CRL.) 299/2022

PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE DISCHARGE CARD ISSUED FROM MEDICAL COLLEGE HOSPITAL, KOTTAYAM.

Exhibit P2 PHOTOCOPY OF THE DISCHARGE CARD ISSUED FROM GENERAL HOSPITAL, CHANGANACHERRY.

Exhibit P3 PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 21.03.2022 ISSUED BY DR. ANUTHARA JOSE.

Exhibit P4 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.03.2022.

Exhibit P5 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.03.2022.

Exhibit P6 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.