Shameela vs State Of Kerala
2022 Latest Caselaw 5882 Ker

W.P.(Crl.).No.463/2022                    1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                          WP(CRL.) NO. 463 OF 2022
PETITIONER:

              SHAMEELA,
              AGED 53 YEARS,
              W/O.MUHAMMED, THARIM MANZIL,
              PAIVALIGE, KASARAGOD 671 121.

              BY ADVS.
              SHINOJ.K.N
              C.K.RAPHEEQUE
              K.B.NIDHINKUMAR


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, KERALA
              PRISONS AND CORRECTIONAL SERVICES DEPARTMENT,
              GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.

     2        DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
              SERVICES.
              PRISONS HEADQUARTERS, POOJAPPURA,
              THIRUVANNATHAPURAM- 695 012.

     3        THE SUPERINTENDENT,
              CENTRAL PRISON, PALLIKUNNU P.O,
              KANNUR, PIN 670 004.


       THIS    WRIT      PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.).No.463/2022               2



                            JUDGMENT

The petitioner has approached this Court praying for a

direction to the 3rd respondent to consider and pass appropriate

orders on Ext.P3 representation submitted by her. Grievance

highlighted by the petitioner in the aforesaid representation is

relating to the non-consideration of the request for parole to her

husband who is undergoing imprisonment in connection with a

criminal case involving offence under Section 302IPC. The

ground on which the parole is sought for is that the petitioner's

husband is in need of an urgent medical treatment and to

substantiate the same, Exts.P1 and P2 medical certificates issued

by the doctors who treated him are produced.

2. The learned Senior Public Prosecutor submits that, even

though, the petitioner submitted Ext.P3 representation before the

3rd respondent, the same is not accompanied with any of the

medical certificates, so as to enable them to have an assessment

of the condition of the husband of the petitioner.

3. Considering the facts and circumstances of the case, this

writ petition is disposed of directing the petitioner to produce all

the medical reports before the 3rd respondent so as to enable

them to have an assessment of the condition of the husband of

the petitioner. Upon receipt of such documents, the 3 rd

respondent shall take up Ext.P3 representation and urgent orders

thereon shall be passed within a period of ten days from the date

of receipt of the documents referred above.

Writ petition is disposed of with the above directions.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/31.5.22

APPENDIX OF WP(CRL.) 463/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE OF PETITIONER HUSBAND DATED 08.04.2022.

Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. SUNILCHANDRAN P.V GENERAL HOSPITAL KASARGOD DATED 06.05.2022.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 23.05.2022.