Kerala High Court
Pushpalatha vs State Of Kerala on 23 May, 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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(CRL.) NO. 517 OF 2024
CRIME NO.569/2018 OF KILIKOLLOOR POLICE STATION, KOLLAM
PETITIONER:
PUSHPALATHA
AGED 65 YEARS
W/O.LATE SUDEVAN. K,
KUNNATHU VEEDU, PALATHARA,
THATTAMALA. P.O., KOLLAM,
KERALA, INDIA., PIN - 691020
BY ADVS.
B.N.HASKAR
B.K.GOPALAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
RESPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA.
ERNAKULAM, PIN - 682031
2 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
3 DIRECTOR GENERAL OF PRISON
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
4 THE SECRETARY TO THE GOVERNMENT
HOME DEPARTMENT, ROOM NO. 357,
MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W.P.(Crl.).No.517 of 2024
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BY ADV.
SREEJA.V
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.517 of 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.).No.517 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
Petitioner is the mother of Convict No.3487 of the Central Prison and
Correctional Home, Poojappura, Thiruvananthapuram. Petitioner's son
was convicted in S.C.No.1524/2018 on the files of the Additional Sessions
Court-IV, Kollam. The convict's father died on 06.04.2024, and he was
granted escort parole to attend the funeral. Petitioner has filed this writ
petition seeking a direction to release the convict for the purpose of
attending to the religious rites of his father.
2. I have heard Sri. B.N.Haskar, the learned counsel for the
petitioner and Smt. Sreeja.V, the learned Public Prosecutor.
3. Since no specific dates have been mentioned for performing the
religious rites, I am of the view that petitioner ought to be given the liberty
to file an appropriate application before the second respondent seeking
grant of emergency parole and if any such application is preferred,
necessarily, the same will have to be considered and disposed of at the
earliest.
4. In the above circumstances, there will be a direction to the
second respondent to consider the application, if any, preferred by the
petitioner for grant of emergency parole as expeditiously as possible, at
any rate, within an outer period of five days from the date of receipt of a
copy of such an application.
Writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/23.05.24.
APPENDIX OF WP(CRL.) 517/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE SURGEON, DISTRICT HOSPITAL
KOLLAM DATED 19/03/2024 OF THE
PETITIONER'S HUSBAND
Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 19-
03-2024 BY THE PETITIONER BEFORE THE
SUPERINTENDENT, CENTRAL PRISON AND
CORRECTIONAL HOME, POOJAPPURA,
THIRUVANANTHAPURAM
Exhibit P3 A TRUE COPY OF THE TREATMENT CERTIFICATE
OF GOVERNMENT MEDICAL COLLEGE HOSPITAL,
PARIPPALLY, KOLLAM OF PETITIONER'S HUSBAND
DATED 01/04/2024
Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE BEFORE THE SUPERINTENDENT, CENTRAL
PRISON AND CORRECTIONAL HOME, POOJAPPURA,
THIRUVANANTHAPURAM DATED NIL
Exhibit P5 A TRUE COPY OF THE DEATH CERTIFICATE OF
THE PETITIONER'S HUSBAND DATED 19/04/2024
ISSUED BY THE KOLLAM MUNICIPAL CORPORATION
