T.V. Mani vs State Of Kerala
2023 Latest Caselaw 10825 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      WP(CRL.) NO. 1069 OF 2023
     CRIME NO.423/2006 OF MATHILAKOM POLICE STATION, THRISSUR


PETITIONER(S):

            T.V. MANI,
            AGED 61 YEARS, THOPPIL HOUSE, KOTHAPARAMBU P.O,
            SREENARAYANAPURAM, THRISSUR, PIN - 680668

            BY ADVS.
            ARUN KRISHNA DHAN
            T.K.SANDEEP
            SWETHA R.
            HARIKRISHNAN P.B.



RESPONDENT(S):

    1       STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME
            AFFAIRS, GOVT. OF KERALA, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    2       ADDL.R2. SUPERINTENDENT, VIYYUR CENTRAL PRISON,
            THRISSUR DISTRICT (IS SUO-MOTO IMPLEADED AS THE
            ADDL.SECOND RESPONDENT AS PER THE ORDER DATED
            19.10.2023)



     BY ADV.
     SRI. HRITWICK C.S.    PP


     THIS    WRIT   PETITION    (CRIMINAL)   HAVING   COME     UP   FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
   WP(CRL. ) NO. 1069 OF 2023
                                  2



          P.V.KUNHIKRISHNAN, J.
           -------------------------------
         WP(Crl.) No. 1069 of 2023
         -----------------------------------
  Dated this the 19th day of October, 2023


                          JUDGMENT

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

following prayers;

"a) issue a writ of Mandamus or any other appropriate writ order or to grant interim suspension of sentence or grand parole/leave to the petitioner's brother who is the 4th appellant in Crl.Appeal No. 364/ 2022 before this Hon'ble Court for a period of 1 month, for the purpose of Medical Treatment of his mother, in the interest of justice; and

b) To issue such directions dispensing production of English translation of documents in vernacular languages; and

c) Grant such other reliefs which this Hon'ble Court may deem fit and necessary in the facts and circumstances of this case." (SIC) WP(CRL. ) NO. 1069 OF 2023

2. This Writ Petition(Crl.) was filed for

granting leave to the petitioner's brother, who is a

convict in Cr.Appeal No.364/2022, for the purpose

of medical treatment of his mother.

3. When this Writ Petition(Crl.) was came up

for consideration on 17.10.2023, this Court directed

the learned Public Prosecutor to get instruction and

the case is posted on today (19.10.2023). But, the

learned counsel for the petitioner submitted that

the mother of the convict was passed away on

18.10.2023 and therefore, there may be a direction

to grant leave to the petitioner for participating in

the post crematory ceremony. I think, there is

some force in the argument.

Therefore, this Writ Petition(Crl.) is disposed of

with the following directions;

1. The additional second respondent is WP(CRL. ) NO. 1069 OF 2023

directed to grant appropriate leave to the

petitioner's brother for a period of two weeks,

in accordance with law, for participating in the

post crematory ceremony of his mother,

forthwith.

2. Issue a copy of this judgment, today

itself.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(CRL. ) NO. 1069 OF 2023

APPENDIX OF WP(CRL.) 1069/2023

PETITIONER EXHIBITS

EXHIBIT1 TRUE COPY OF THE JUDGMENT OF THE 1ST ADDL. SESSION JUDGE, THRISSUR IN SC NO. 935/ 2007 DATED 18-02-2022

EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. P.K RAJENDRAN, GOURI SHANKAR HOSPITAL DATED 16-10-2023

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE