Kerala High Court
Geetha vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
WP(CRL.) NO. 934 OF 2023
PETITIONER/S:
1 GEETHA,AGED 38 YEARSW/O VINOD, EDATHARA HOUSE
KUMBALANCHOLA, POTTASSERY P.O. PALAKKAD, PIN - 678598
2 SABITHA,AGED 38 YEARSW/O RAJU, EDATHARA HOUSE
KUMBALANCHOLA, POTTASSERY P.O PALAKKAD, PIN - 678598
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
P.RAJKUMAR
PREETHA S CHANDRAN
ABHIJITH SREEKUMAR
ANAND REMESH
ABHIRAM.S.
ARUN POOMULLI
RAHUL S.NATH
RESPONDENT/S:
1 STATE OF KERALAREPRESENTED BY HOME SECRETARY,
DEPARTMENT OF HOME AFFAIRS SECRETARIAT, TRIVANDRUM, PIN
- 695001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICESPRISONS DEPARTMENT, POOJAPPURA
THIRUVANANTHAPURAM, PIN - 695012
3 SUPERINTENDENT OF PRISON,CENTRAL PRISON AND
CORRECTIONAL HOME, PALLIKKUNNU, KANNUR, PIN - 670004
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) NO.934 OF 2023
2
P.V.KUNHIKRISHNAN
---------------------
W.P.(Crl).No.934 of 2023
---------------------------
Dated this the 18th day of September, 2023
JUDGMENT
This writ petition (criminal) is filed with the following
prayers:-
"i) To issue a Writ in the nature of MANDAMUS
commanding the Respondents to release the 1st
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 emergency parole
or ordinary parole.
(II) To issue a Writ in the nature of MANDAMUS
commanding the Respondents to release the 2 nd
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 emergency parole
or ordinary parole.
(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 and
circumstances of this case, in the interest of
justice." (SIC)
2. The petitioners are the wives of convicts -
Vinod .C No.125/2021 and Raju.C No.116/2021, who are
W.P.(Crl.) NO.934 OF 2023
lodged at the Central Prison and Correctional Home,
Kannur. The petitioners' husbands were convicted under
Sections 302, 326 r/w Section 34 IPC by the Additional
Sessions Court-II, Palakkad as per judgment dated
23.03.2021 in S.C.No.284/2013.
3. It is the case of the petitioners that the death
anniversary of the father of the petitioners' husbands is
approaching and the shraddham ceremony of the father is
set to take place on 19.09.2023. The petitioners' husbands
filed a fresh petition for interim bail. However, the same is
closed and now the petitioners want emergency parole.
4. In the light of the facts narrated above, I think the
petitioners can be allowed to file petition for emergency
parole and that can be directed to be considered by the 2 nd
respondent.
Therefore, this writ petition (criminal) is disposed of
with following directions:-
1) The petitioners are free to submit an
application for emergency parole to the 2 nd
respondent forthwith.
2) If such an application is received, the 2nd
W.P.(Crl.) NO.934 OF 2023
respondent will consider the same and pass
orders within two days from the date of receipt
of the application.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P.(Crl.) NO.934 OF 2023
APPENDIX OF WP(CRL.) 934/2023
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 CRL. M.A. NO. 1/2023 IN
CRL. A NO. 524/2021 FILED BEFORE THIS
HON'BLE COURT
