Subaida vs State Of Kerala
2023 Latest Caselaw 10558 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                        WP(CRL.) NO. 396 OF 2023
PETITIONER:

          SUBAIDA
          AGED 60 YEARS, W/O SUBAIR, VETTIKATTIL VEEDU,
          50TH MILE, MANKULAM P.O., IDUKKI DISTRICT, PIN - 685565

          BY ADV P.M.UNNI NAMBOODIRI



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    2     DIRECTOR GENERAL OF PRISONS
          POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012

    3     SUPERINTENDENT OF POLICE
          KANNUR CENTRAL JAIL, PALLIKUNNUR P.O.,
          KANNUR DISTRICT, PIN - 670004

    4     ADDL.R4.SUPERINTENDENT
          CENTRAL PRISON AND CORRECTIONAL HOME,
          VIYYUR - 680010 ** ADDL.R4. SUO MOTO IMPLEADED VIDE
          ORDER DATED 06/10/2023 **

          BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

          SRI. RENJITH TR     PP


    THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
   WP(CRL. ) NO. 396 OF 2023
                                2



          P.V.KUNHIKRISHNAN, J.
           -------------------------------
          WP(Crl.) No. 396 of 2023
         -----------------------------------
  Dated this the 16th day of October, 2023


                          JUDGMENT

The above Writ Petition (Crl.) is filed with the

following prayers;

"1. Issue a direction to the respondents to allow parole to the petitioner's son to live with the parents for some days as such time prescribed by this Honorable Court.

2. Issue a writ of mandamus or other appropriate writ, order or direction respondents to cure the grievances of the petitioner.

And

3. To grant such other reliefs as this Hon'ble Court my deem just and fit in the circumstances of the case." (SIC)

2. The main prayer in this writ petition (Crl.)

is to issue direction to the respondents to allow WP(CRL. ) NO. 396 OF 2023

parole to petitioner's son.

3. This Court directed the learned

Government Pleader to get instruction. The learned

Government Pleader filed a statement. It will be

better to extract the relevant portion of the

statement;

6. As per records, he has undergone 12 years 07 months and 17 days of actual imprisonment including set off as on 13.09.2023.

7. As per Kerala Prisons & Correctional Services (Management) Rules-2014, Rule 397(L) (ii), the prisoners convicted under Section 392 to 402 of IPC are not eligible for any kind of leave (Parole). The petitioner's son was sentenced to undergo RI for 10 years and to pay a fine of Rs.25,000/- Id/RI for 03 years u/S.392 of IPC in the 2 life term sentence. So he was not eligible for any kind of leave during the particular conviction period. After completion of that period, the ordinary leave application put in by the petitioner's son was forwarded by Kannur, Central Prison & Correctional Home, to District Police Chief, Idukki and District Probation Officer, Idukki for advisability reports. The police reports were unfavourable and the probation report received was favourable.

WP(CRL. ) NO. 396 OF 2023

8. As per the Kerala Prisons & Correctional Services (Management) Rules-2014, Rule 469, Jail Advisory Board is constituted to review the cases of prisoners who satisfies all other criteria except unfavourable reports from police for more than once to grant ordinary leave. The Jail Advisory Board was conducted on 21.12.2022 at Central Prison & Correctional Home, Kannur. The Committee unanimously rejected the ordinary leave of petitioner's son by stating that C.No.446/23 Rasheed S/o. Subair has been convicted in two different murder cases and still doing the criminal activities inside jail (He was convicted for the usage of mobile phone inside the Kannur, Central Prison, in Case No.CC 256/18 by the Judicial First Class Magistrate Court - 1. Kannur, u/S.86(2) of Kerala Prisons & Correctional Services (Management) Act - 2010 and sentenced to undergo simple imprisonment for 06 months and fine of Rs.1,000/-, Id/SI for 15 days. The sentence was completed on 04.09.2018 by remitting the fine amount).

9. His case was also submitted in Jail Advisory Board which held on 19.06.2023 at Central Prison & Correctional Home, Kannur. The Committee again unanimously rejected the ordinary leave of C.No.446/23 Rasheed S/o. Subair on the same reasons which are stated in the 1st board. WP(CRL. ) NO. 396 OF 2023

4. In the light of the above statement, no

orders can be passed by this Court. If there is any

change of circumstances, the authority will consider

the request of the petitioner's son's parole at the

appropriate stage.

With the above observation, this Writ Petition

(Crl.) is closed.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(CRL. ) NO. 396 OF 2023

APPENDIX OF WP(CRL.) 396/2023

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY MEDICAL OFFICER, PUBLIC HEALTH CENTRE, MANKULAM, IDUKKI DISTRICT DATED:09/11/2022

EXHIBIT P2 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER'S HUSBAND FROM MEDICAL OFFICER, PUBLIC HEALTH CENTER, MANKULAM, IDUKKI DISTRICT.

DATED:09/11/2022

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED:03/01/2023

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE