Kerala High Court
Nimmi Mol P vs State Of Kerala on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(CRL.) NO. 388 OF 2024
CRIME NO.210/2007 OF KATHIRUR POLICE STATION, KANNUR
IN SC NO.108 OF 2009 OF ADDITIONAL DISTRICT COURT & I
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL ,THALASSERY
PETITIONER:
NIMMI MOL P
AGED 35 YEARS
W/O BIJILESH K,
MITHULA HOUSE, DAYAMAND MUKKU,
KADIROOR P O, KANNUR - PIN - 670642
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -, PIN - 695001
2 THE ADDITIONAL CHIEF SECRETARY (HOME)
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -, PIN - 695001
W.P.(Crl.).No.388 of 2024
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3 THE DIRECTOR GENERAL OF PRISONS AND-
CORRECTIONAL SERVICES
JAIL HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM - PIN - 695012
4 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME, K
ANNUR -, PIN - 670001
BY ADV.
SREEJA V.
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.388 of 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.).No.388 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
Petitioner is the wife of accused No.7 in S.C.No.108/2009 on the files
of the Additional Sessions Court, Thalaserry. Petitioner's husband is
undergoing life imprisonment as Convict No.322/2019 before the Central
Prison & Correctional Services, Kannur. Petitioner alleges that the mother
of the convict is seriously ill and is suffering from a health condition which
is made her completely bedridden, and in order to provide proper
treatment to the convict's mother, his presence is necessary. Accordingly,
an emergency leave is sought for.
2. I have heard Sri. S.Rajeev, the learned counsel for the petitioner
as well as Smt. Sreeja.V, the learned Public Prosecutor.
3. As per Rule 403 Kerala Prisons and Correctional Services
(Management) Rules, 2014, a certificate from a Civil Surgeon or the
Government Medical Doctor is essential to consider the application. The
document produced by the petitioner relating to the convict's mother from
a co-operative hospital. The said certificate does not satisfy the
requirements of Rule 403. Therefore, no relief as sought for can be
granted.
4. However, if in case the petitioner produces a proper certificate as
contemplated by the Rule, necessarily, the fourth respondent is bound to
take a decision thereon without undue delay.
5. Accordingly, this writ petition is disposed of, declining to grant
any relief to the petitioner. However, if in case, the petitioner or convict
files a proper application along with the required certificate for the grant of
emergency leave for her husband, necessarily, the fourth respondent shall
consider the same and pass appropriate orders without undue delay and in
a time bound manner.
Writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/11.04.24.
APPENDIX OF WP(CRL.) 388/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TREATMENT CERTIFICATE
ISSUED TO THE MOTHER OF THE CONVICT FROM
INDIRA GANDHI CO-OPERATIVE HOSPITAL
THALASERRY DATED 13.03.2024
Exhibit P2 TRUE COPY OF THE REPRESENTATION MADE BY
THE PETITIONER DATED 17.03. 2024
