Jiju Varghese vs The Superintendent Of Police
2023 Latest Caselaw 6515 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 19080 OF 2023
PETITIONER:

          JIJU VARGHESE
          AGED 51 YEARS
          S/O.K.A. VARGHESE, KAVUNGAL HOUSE, GRAHAM VILLA,
          KANIYAMPUZHA, EROOR P.O., ERNAKULAM DISTRICT, PIN -
          682306

          BY ADVS.
          BABU S. NAIR
          SMITHA BABU



RESPONDENTS:

    1     THE SUPERINTENDENT OF POLICE
          NARCOTIC CONTROL BUREAU, COCHIN, ERNAKULAM, PIN -
          683101

    2     THE SUPERINTENDENT
          DISTRICT JAIL, KAKKANAD, ERNAKULAM DISTRICT, PIN -
          682030

    3     THE SUPERINTENDENT
          SUB JAIL, MUTTOM, THODUPUZHA, IDUKKI DISTRICT, PIN -
          685587

          BY ADV SHRI.K.R.RAJAGOPALAN NAIR, SPL. P. P. NARCOTICS
          CONTROL BUREAU



OTHER PRESENT:

          SRI.B.S.SYAMANTAK, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19080 of 2023

                                  2

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.19080 of 2023
          ---------------------------
            Dated this the 13th day of June, 2023

                            JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to shift the son of the petitioner - Joel Jiju Varghese, who is accused and detenue in O.R.No.2/2023 of the NCB, Cochin from the Sub Jail, Muttom Thodupuzha to any other Sub Jails in Ernakulam District, forthwith, without any further delay;

ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." (SIC)

2. The main prayer in this writ petition is for issuing

directions to the respondents to shift the son of the

petitioner - Joel Jiju Varghese, who is an accused and a

detenue in O.R No.2/2023 of the NCB, Cochin from the Sub

Jail, Muttom, Thodupuzha to any other Sub Jails in

Ernakulam District.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. The counsel for the petitioner reiterated the W.P (C) No.19080 of 2023

contentions and also appraised before this court about the

reason for the change of the jail.

5. Today when the matter came up for

consideration, the learned Government pleader submitted

that the remand prisoner submitted a complaint to the

court concerned and the same is under consideration.

6. In the light of the above submission, I think it is

the duty of the jurisdictional court to consider that

application and take appropriate decision, in accordance

with law.

Therefore, this writ petition is disposed of directing the

jurisdictional court to consider the request of the son of the

petitioner for changing jail, as expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

bng W.P (C) No.19080 of 2023

APPENDIX OF WP(C) 19080/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE OCCURRENCE REPORT IN O.R.NO.2/2023 OF THE NARCOTIC CONTROL BUREAU, COCHIN

Exhibit P2 A TRUE COPY OF THE ARREST MEMO ISSUED TO THE PETITIONER ON THE ARREST OF HIS SON BY THE INTELLIGENCE OFFICER, NCB, COCHIN DATED, 21-5-2023