Kerala High Court
Ameena vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
WP(CRL.) NO. 430 OF 2024
AGAINST THE JUDGMENT DATED 22.09.2014 IN SC NO.105/1997 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
THIRUVANANTHAPURAM / I ADDITIONAL MACT
PETITIONER/ACCUSED:
AMEENA,
AGED 55 YEARS,
W/O SAMEER RIFAYI. S, THITTAYIL HOUSE, NEAR S.I.U.P.S,
MADANVILA, SARKARA-CHIRAYINKEEZHU, PERUMATHURA,
THIRUVANANTHAPURAM, PIN - 695 303.
BY ADVS.
SUBASH CHANDRAN
GAYATHRI MURALEEDHARAN
ARATHY P.
ANJANA S. RAJ
JEEVLIN JIJI
RESPONDENT/STATE:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT
OF KERALA THROUGH CHIEF SECRETARY, GROUND FLOOR, MAIN
BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695 001.
2 DIRECTOR GENERAL OF PRISONS AND CORRECTION SERVICES
PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,
KERALA, PIN - 695 012.
3 SUPERINTENDENT OPEN PRISON,
KOTTOOR P.O, NETTUKALTHERI, THIRUVANANTHAPURAM, KERALA,
PIN - 695 574.
4 STATION HOUSE OFFICER,
KADINAMKULAM POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695 303.
SRI E.C. BINEESH-PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 430 OF 2024
2
JUDGMENT
The petitioner is the sister of a life convict
bearing No.3300 of the Open Prison and Correctional
Home, Nettukaltheri. The mother of the petitioner
and the said life convict passed away on
11.04.2024. To attend the funeral, the convict was
afforded with the escort parole. Later, as per
order dated 12.04.2024, this Court modified the
said order as one for emergency leave and allowed
leave till 16.04.2024 upto 05.00 p.m. The present
request of the petitioner is to extend the
emergency leave, so as to enable the convict to
take part in the religious ceremonies, which falls
on the 3rd and 7th day of the date of death.
2. Learned counsel for the petitioner would
submit that an application in this behalf has
already been filed before the Superintendent of the
Open Prison, Nettukaltheri / 3rd respondent.
3. Having heard the learned counsel for the
petitioner and the learned Public Prosecutor, this
WP(CRL.) NO. 430 OF 2024
Court is inclined to extend the period of emergency
leave upto 18.04.2024.
4. Accordingly, the convict shall report back
before the Superintendent of the Open Prison and
Correctional Home, Nettukaltheri by 05.00 p.m on
18.04.2024. It is clarified that the convict shall
not be afforded with any further extension in this
regard.
W.P.(Crl.) is disposed of with the above
direction.
Sd/-
C. JAYACHANDRAN
JUDGE
DK
WP(CRL.) NO. 430 OF 2024
APPENDIX OF WP(CRL.) 430/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE SUPERINTENDENT OF OPEN PRISON AND
CORRECTIONAL HOME, NETTUKALTHERI DATED
23.09.2023
Exhibit P2 THE TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN MALAYALA MANORMA DAILY ON
12.04.2024
