Loucy Babu vs State Of Kerala
2022 Latest Caselaw 10320 Ker

W.P.(Crl.).No.888/2022                1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                          WP(CRL.) NO. 888 OF 2022
    CRIME NO.1/2022 OF Palakkad Excise Range Office, Palakkad
PETITIONER:
          LOUCY BABU,
          AGED 68 YEARS,
          SHIJU BHAVAN,
          PATHIRICKAL HOUSE, PATHANAPURAM,
          KOLLAM, KERALA, PIN - 689 695.

              BY ADVS.
              P.K.VARGHESE
              REGHU SREEDHARAN
              K.R.ARUN KRISHNAN


RESPONDENTS:

      1       STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
              695 001.

      2       THE DEPUTY INSPECTOR GENERAL OF PRISONS (NORTH
              ZONE),PUTHIYARA, KOZHIKODE, KERALA, PIN - 673 004.

      3       THE SUPERINTENDENT,
              WOMEN'S PRISON AND CORRECTIONAL HOME,
              KANNUR, PIN - 670 004.

              SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR


       THIS     WRIT     PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.).No.888/2022                      2




                                     JUDGMENT

The petitioner is the mother of Smt. Sherin Karanavar, who is

convicted by the Addl. Sessions Court (Fast Track) Mavelikkara in

S.C.No.130 of 2010 for the offence under section 302 of the Indian

Penal Code and was sentenced to undergo life imprisonment.

Currently, she is an inmate of Women's Central Prison &

Correctional Home, Kannur, as convict No.FC7/19. The petitioner's

daughter was convicted on 11.06.2010, and since then, she has

been under detention. Now the petitioner's daughter had

undergone imprisonment for 15 years, including the period of

remission.

2. The prayer sought for by the petitioner is to grant parole

to her daughter for a short period. The reason stated by the

petitioner is that the daughter of the convict, a 12 th standard

student aged 17 years old, was undergoing her studies in a

boarding school. Now, due to some personal problems, she came

back as she was dismissed from her school as part of some

disciplinary proceedings and she is reported to be completely

hostile to the petitioner and her family. It is pointed out that the

petitioner being an old lady, is finding it extremely difficult to

handle the 17 year old girl and hence she submits that the presence

of the convict for a short duration in the residence would help her

to manage the affairs. The writ petition was submitted in such

circumstances, seeking the following reliefs:

"i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3rd Respondent to grant ordinary parole to the daughter of the petitioner (Sherin Karanavar, Convict No.FC 7/2019), who is undergoing incarceration at Woman's Prison and Correctional Home, Kannur, in accordance with law; ii. To grant any such other and further relief as this Hon'ble Court may deem fit in the facts and circumstances of the case so as to meet the ends of justice."

3. Heard Sri.P.K.Varghese, learned counsel for the

petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the

State.

4. The learned counsel for the petitioner submits that

unless the petitioner's daughter is granted leave so as to enable her

to spend some time with her daughter, it would be extremely

difficult to pacify her granddaughter. It is pointed out that, due to

personal reasons, the daughter of the convict was dismissed from

her school, and at the moment, she is not pursuing her studies.

Therefore, the learned counsel prays for some indulgence in the

matter by giving humanitarian consideration.

5. On the other hand, the learned Senior Government

Pleader would seriously oppose the aforesaid prayer. It is pointed

out that the circumstances in which emergency parole can be

granted are stated under Rule 400 of Kerala Prisons and

Correctional Services (Management) Rules. The reasons cited by

the petitioner are not something covered as per the provisions

above and therefore, it is pointed out that the prayer sought by the

petitioner cannot be entertained. Therefore, the learned Senior

Government Pleader seeks dismissal of the writ petition.

6. The learned Government Pleader made available a

communication issued by the Superintendent, Women Prison and

Correctional Home, Kannur, wherein the conduct of the convict has

been mentioned. It is discernible therefrom that, as of now, there

are no complaints against the convict with regard to her behaviour

in prison. She is working in the tailoring unit of Women's Prison

and actively participating in all the awareness classes and programs

conducted in the Women's Prison. Therefore, the behaviour of the

convict was reported to be satisfactory.

7. I have perused the materials placed before me and

contentions from either side. Indeed, the statutory stipulations

contained under Rule 400 of Kerala Prisons and Correctional

Services (Management) Rules do not provide for emergency leave in

the circumstances mentioned in this case. Even though the

petitioner's daughter is granted regular parole, the prayer now

sought is under extraordinary circumstances. The relief sought by

the petitioner is apparently to ensure the welfare of a minor girl

who happened to be the daughter of the convict. After considering

all the relevant inputs, I am of the view that even though the

petitioner's daughter may not be entitled to relief strictly as per the

rules, some indulgence is necessary for the sake of a minor girl. If

the convict can guide her daughter, who happened to be dismissed

from her educational institution as part of disciplinary proceedings

due to some personal issues, it is advisable to provide an

opportunity for the same. This opportunity has to be granted,

taking into account the welfare of the minor girl and nothing else.

Therefore, even though there is no specific provision in the relevant

Act and Rules, considering the peculiar facts and circumstances of

the case, I deem it appropriate to grant an opportunity to the

petitioner's daughter by providing an emergency leave for a short

duration, by invoking the extraordinary jurisdiction of this Court

under Article 226 of the Constitution of India. While granting the

said relief, I have also taken note of the fact that the convict had

already undergone the sentence for a period of 15 years(including

the period of remission) and also her satisfactory conduct inside the

prison during the said detention, as mentioned in the statement

filed of the respondents. Moreover, this court is concerned about

the welfare and well-being of a minor girl who happened to be the

daughter of a convict. While balancing the need to give guidance to

her and to ensure the punishment of the culprit, I deem it

appropriate to invoke the extraordinary powers of this court, to

provide an opportunity by granting leave to the convict for a period

of seven days.

In the result, this writ petition is disposed of directing the 3 rd

respondent to grant emergency leave to the daughter of the

petitioner (Sherin Karanavar, FC7/19) for a period of seven days

from 12.10.2022 till 18.10.2022. The authorities concerned shall be

entitled to impose regular conditions while releasing her on

emergency leave.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/7.10.22

APPENDIX OF WP(CRL.) 888/2022

PETITIONER'S EXHIBITS

EXHIBIT-P1 TRUE COPY OF SURRENDER CERTIFICATE DATED 10/02/2022 ISSUED BY THE 3RD RESPONDENT