Kerala High Court
Shyama vs State Of Kerala on 12 June, 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
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(CRL.) NO. 617 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.265 OF 2018 OF SPECIAL
COURT-TRIAL OF OFFENCE UNDER SC/ST(POA)ACT1989, MANNARKKAD
PETITIONER:
SHYAMA
AGED 29 YEARS
W/O HAREESH, CHERIVIL HOUSE MUKKALI P.O, KALLAMALA
PALAKKAD DISTRICT, PIN - 678582
BY ADVS.
P.K.VARGHESE
M.T.SAMEER
DHANESH V.MADHAVAN
JERRY MATHEW
RAMEEZ M. AZEEZ
NAMITHA K.S.
DEVIKA K.R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE DIRECTOR GENERAL OF PRISONS & CORRECTIONAL SERVICES
JAIL HEADQUARTERS, POOJAPURA, THIRUVANANTHAPURAM, PIN -
695012
3 SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME, TAVANOOR, PIN -
680010
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 617 OF 2024
2
BECHU KURIAN THOMAS, J
..........................................................
W.P.(Crl).No. 617 of 2024
..........................................................
Dated this the 12th day of June, 2024
JUDGMENT
Petitioner's husband is a convict in S.C.No. 265/2018 of
the Special Court trial of offences under SC/ST (POA) 1989,
Mannarkad. He has been sentenced to undergo imprisonment
for a period of 7 years, for the offfences including under
Sections 304 and 326 of the Indian Penal Code, 1860. Though
the convict has undergone only one year and five months of
imprisonment as on date, petitioner seeks emergency parole
for her husband as she is about to undergo an umbilical
hernia operation on 14-06-2024. A certificate in support of the
said claim has been produced as Ext.P1.
2. The learned Public Prosecutor upon instructions
submitted, stated that though the operation is scheduled to be
held on 14-06-2024, the petitioner's husband is not eligible to
be granted emergency parole in view of the stipulation in Rule
400 of the Kerala Prisons and Correctional Service
Management Rules, 2014.
WP(CRL.) NO. 617 OF 2024
3. I have considered the submissions of Adv.Devika K.R.,
on behalf of petitioner and that of the learned Public
Prosecutor.
4. Though Rule 400 stipulates the circumstances under
which emergency parole can be granted. Since the convict has
not completed a minimum of two years of imprisonment, as
per Rule 397 he is not eligible for ordinary leave. However,
taking note of the emergent operation which is critical in
nature that is required to be performed on the petitioner, I am
of the view that the circumstances arise where the jurisdiction
under Article 226 of the Constitution of India ought to be
invoked to grant a limited emergency leave to the petitioner's
husband. The circumstance that the petitioner's parents are
aged and are not in a position to be by her side is also taken
into reckoning for exercising this power.
5. Accordingly, the petitioner's husband-convict
No.151/2023 of Central Prison, Tavanoor is hereby directed to
be given 5 days of emergency leave for attending to the surgery
of his wife/petitioner. The leave shall commence from
12:00pm on 13-06-2024 till 12:00pm on 18-06-2024. This
WP(CRL.) NO. 617 OF 2024
direction is issued solely due to the peculiar circumstances of
this case and shall not be treated as a precedent.
This writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(CRL.) NO. 617 OF 2024
APPENDIX OF WP(CRL.) 617/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE MEDICAL CERTIFICATE OF
THE PETITIONER ISSUED FROM
GOVT.TRIBAL SPECIALITY HOSPITAL,
KOTTATHARA, ATTAPADI, PALAKKAD DATED
20.05.2024.
