Baby vs State Of Kerala
2023 Latest Caselaw 13581 Ker

Kerala High Court

Baby vs State Of Kerala on 21 December, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(CRL.) NO. 1315 OF 2023                  1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                              WP(CRL.) NO. 1315 OF 2023
     CRIME NO.423/2006 OF Mathilakom Police Station, Thrissur
PETITIONER/S:

               BABY
               AGED 63 YEARS
               RAMANKULATH HOUSE,AMBALANADA, VEMBALLUR THRISSUR, PIN
               - 680671

               BY ADVS.
               ARJUN SREEDHAR
               T.K.SANDEEP
               ARUN KRISHNA DHAN
               ALEX ABRAHAM
               SWETHA R.
               HARIKRISHNAN P.B.



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR ERNAKULAM, PIN -
               682031

      2        SUPERINTENDENT OF JAIL
               THRISSUR , SHORANUR ROAD, VIYYUR, THRISSUR, PIN -
               680010

               SRI.HRITHWIK CS, PP


       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON    21.12.2023,           THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(CRL.) NO. 1315 OF 2023                 2




                      P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.( Crl.) No.1315 of 2023
                    --------------------------------------
             Dated this the 21st day of December, 2023


                                     JUDGMENT

This Writ Petition (Crl.) is filed with following prayers :

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing 2nd respondent to release the son of the petitioner, Mr. Ratheesh, on special leave/parole for a period of 2 months to perform the last rites of his deceased father.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd respondent to consider and pass orders on Exhibit P2 representation within a time frame as may be fixed by this Hon'ble Court.

iii) Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case."[SIC]

2. When this Writ Petition (Crl.) came up for

consideration on 15.12.2023, this Court passed the following

order :

"The Public Prosecutor takes notice for respondents. It is submitted that father of the convict died on 14.12.2023. The Public Prosecutor submitted that the convict is already taken to the residence with escort. I am of the considered

opinion that the convict is entitled emergency leave in the light of Rule 400 (1)(i) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. Therefore, once the convict is returned back to the jail, the 2nd respondent shall pass appropriate orders granting emergency leave to the petitioner. Post on 21.12.2023."

3. Now, the Public Prosecutor submitted that emergency

leave is granted to the petitioner's son for six days from

16.12.2023. The counsel for the petitioner submitted that the

father of the convict died and there are certain customary

rituals to be completed by the convict and the emergency leave

may be extended till 02.01.2024. I think that prayer can be

allowed in the peculiar facts and circumstances of this case.

Therefore, the emergency leave already granted to the

petitioner's son is extended till 02.01.2024. The petitioner's son

will report back to the jail before 5 pm on 02.01.2024.

With the above observation, this Writ Petition (Crl.) is

disposed of.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(CRL.) 1315/2023

PETITIONER EXHIBITS

EXHIBIT-P1. A TRUE COPY OF THE LETTER ISSUED BY WARD MEMBER OF SREENARAYANAPURAM GRAM PANCHAYATH DATED 14.12.23

EXHIBIT-P2. A TRUE COPY OF THE REPRESENTATION DATED 14.12.2023 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT