Kerala High Court
Balan K. K vs The Secretary on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA,
1946
WP(CRL.) NO. 175 OF 2024
PETITIONER/S:
BALAN K. K., AGED 66 YEARS
S/O. KUNCHUMANI,
ATHANIPARAMBU, KARAPPOTTA,
KANNAMBRA, PALAKKAD DISTRICT, PIN - 678 686
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
RAYEES P.
RESPONDENTS:
1 THE SECRETARY
HOME DEPARTMENT,
STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES
PRISONS HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695 012.
3 THE SUPERINTENDENT
CENTRAL PRISON, THAVANOOR,
MALAPPURAM DISTRICT,PIN - 679 573.
4 THE STATION HOUSE OFFICER
VADAKKENCHERRY POLICE STATION,
PALAKKAD DISTRICT, PIN - 678 683.
5 THE DISTRICT POLICE CHIEF
PALAKKAD, NEAR KSRTC BUS STAND,
PALAKKAD DISTRICT, PIN - 678 014.
6 THE DISTRICT PROBATION OFFICER
PALAKKAD, CIVIL STATION,
PALAKKAD DISTRICT, PIN - 678 001
SRI. T.R. RANJITH (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) 175/2024
2
BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl).No.175 of 2024
...................................................
Dated this the 4th day of April, 2024
JUDGMENT
Petitioner's son is a convict, in S.C.No.897/2015 on the files of
the Additional Sessions Court-III, Palakkad, having been
sentenced to life imprisonment for the offence under Section 302
of the Indian Penal Code, 1860.
2. Petitioner alleges that despite the lapse of more than the
minimum period of imprisonment required for the grant of
ordinary leave, his son is being denied the same, and hence the
petitioner has approached this Court seeking directions for grant
of leave.
3. In the statement filed by the Superintendent, Central Prison and
Correctional Home, it is stated that the petitioner's son has
completed the minimum jail term and is eligible for considering
him for grant of ordinary leave and further that his
application for first ordinary leave is pending consideration
before the Director General of Prisons & Correctional Services.
WP(CRL.) 175/2024
It is further stated that the behavior of the petitioner's son in
jail is satisfactory and that no disciplinary action is pending
against him.
4. Having heard Adv.Saipooja, the learned counsel for the
petitioner, as well as Sri.Ranjith T.R., the learned Public
Prosecutor, I am of the view that this writ petition can be
disposed of with a direction.
5. The application for grant of first ordinary leave to the
petitioner's son is pending before the Director General of
Prisons & Correctional Services from 14.11.2023. The convict has
become eligible for grant of ordinary leave, and an application
was filed subsequently.
6. Considering the fact that application for ordinary leave is filed,
the competent authority must take a decision without undue
delay, especially since such leave is a measure of reformation of
the individual and intended to enable him to maintain the link
with society if he is released ultimately. Therefore, such
decisions cannot be unduly delayed.
7. In view of the above, there will be a direction to the Director
WP(CRL.) 175/2024
General of Prisons & Correctional Services, Thiruvananthapuram,
to consider and dispose of the petitioner's application for
ordinary leave, as expeditiously as possible, at any rate, within
a period of four weeks from the date of receipt of a certified
copy of this judgment.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/04/04/2024
WP(CRL.) 175/2024
APPENDIX OF WP(CRL.) 175/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
12.11.2021 IN S.C. NO. 897/2015 PASSED
BY THEHONOURABLE ADDITIONAL DISTRICT AND
SESSIONS COURT-III, PALAKKAD.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED
03.03.2023 IN W.P. (CRL) NO.1238/2022
PASSED BY THIS HONOURABLE COURT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 22.03.2023
IN CRL.M.APPL. NO. 1/2023 IN CRL. APPEAL
NO. 157/2022 ON THE FILE OF THIS
HONOURABLE COURT.
TRUE COPY
