Geetha vs State Of Kerala
2023 Latest Caselaw 11789 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                  WP(CRL.) NO. 1153 OF 2023
PETITIONERS:

    1     GEETHA,
          AGED 38 YEARS
          W/O VINOD, EDATHARA HOUSE KUMBALANCHOLA,
          POTTASSERY P.O. PALAKKAD, PIN - 678598
    2     SABITHA,
          AGED 38 YEARS
          W/O RAJU, EDATHARA HOUSE KUMBALANCHOLA,
          POTTASSERY P.O PALAKKAD, PIN - 678598
          BY ADVS.RENJITH B.MARAR
          LAKSHMI.N.KAIMAL
          P.RAJKUMAR
          KESHAVRAJ NAIR
          ARUN POOMULLI
          PREETHA S CHANDRAN
          ABHIJITH SREEKUMAR
          ANAND REMESH
          ABHIRAM.S.
          C.R.REKHA
          VISWANATH JAYAN
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY HOME SECRETARY,
          DEPARTMENT OF HOME AFFAIRS SECRETARIAT,
          TRIVANDRUM, PIN - 695001
    2     DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
          SERVICES
          PRISONS DEPARTMENT, POOJAPPURA
          THIRUVANANTHAPURAM, PIN - 695012
    3     SUPERINTENDENT OF PRISON,
          CENTRAL PRISON AND CORRECTIONAL HOME,
          PALLIKKUNNU, KANNUR, PIN - 670004
          ADV.HRITHWIK C.S, PP
    THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(Crl).No.1153/2023

                                   2




                  P.V.KUNHIKRISHNAN, J.
                   --------------------------------
                 W.P.(Crl.) No.1153 of 2023
            ----------------------------------------------
         Dated this the 16th day of November, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

(I) To issue a Writ in the nature of MANDAMUS commanding the Respondents to release the 1 st Petitioner's husband Vinod, aged 40 years, s/o Krishnan, Meppadu Veedu, Kumbaloanchola, Pottassery P.O. Mannarkkad, Palakkad - 678 598; presently C. No. 125/2021, Central Prison and Correctional Home, Kannur, on parole/normal leave.

(II) To issue a Writ in the nature of MANDAMUS commanding the Respondents to release the 2nd Petitioner's husband Raju aged 46 years, s/o Krishnan, Meppadu Veedu, Kumbalanchola, Pottassery P.O., Mannarkkad, Palakkad - 678 598; presently C. No. 126/2021, Central Prison and Correctional Home, Kannur, on parole/normal leave.

(III) To dispense with the filing of English Translation of vernacular language. (IV) Pass any such order which this Hon'ble court may deem fit and proper considering the facts WP(Crl).No.1153/2023

and circumstances of this case, in the interest of justice.

2. It is the case of the petitioners that their husbands

are entitled ordinary leave because they completed two years.

If that be the case, the petitioners' husbands can file a petition

for ordinary leave and if such a petition is filed, there can be a

direction to consider the same within a time frame.

Therefore, this writ petition (criminal) is disposed of in

the following manner.

The petitioners' husbands are free to file a

petition for ordinary leave before the 2nd

respondent and if such a petition is

received, the 2nd respondent will consider

the same and pass appropriate orders in it,

as expeditiously as possible, at any rate,

within two weeks from the date of receipt

of the petition.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(Crl).No.1153/2023

APPENDIX OF WP(CRL.) 1153/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 30.09.2022 IN CRL. M.A. NO. 1/2022 IN CRL. A. NO.

524/2021 Exhibit P2 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 18.09.2023 IN WP(CRL) NO. 934/2023