Kerala High Court
Muhamed Sakir vs The Secretary on 29 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
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(CRL.) NO. 575 OF 2024
PETITIONER:
MUHAMED SAKIR
AGED 29 YEARS
S/O. ABDUL KAREEM, NAYAKATHU VALAPPIL HOUSE, PALLIPADI,
KALADY, MALAPPURAM DISTRICT, PIN - 679582
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
RAYEES P.
ALWIN JOSEPH
BENSON AMBROSE
RESPONDENTS:
1 THE SECRETARY
HOME DEPARTMENT, STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES
PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,
PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON, THAVANOOR,MALAPPURAM DISTRICT, PIN -
679573
4 THE STATION HOUSE OFFICER
PONNANI POLICE STATION, MALAPPURAM DISTRICT, PIN -
679584
5 THE DISTRICT POLICE CHIEF
MALAPPURAM, UP HILL, MALAPPURAM DISTRICT, PIN - 676505
6 THE DISTRICT PROBATION OFFICER
MALAPPURAM, COURT COMPLEX, DT, MANJERI, MALAPPURAM
DISTRICT,, PIN - 676121
OTHER PRESENT:
RENJITH T.R. PP
WP(CRL.) NO. 575 OF 2024
2
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 575 OF 2024
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
W.P.(Crl) No. 575 of 2024
----------------------------------------
Dated this the 29th day of May, 2024
JUDGMENT
Petitioner seeks emergency parole for his father, Sri.Abdul
Kareem, convict No. 428/2023 now lodged at the Central Prison,
Thavanoor. The reason for seeking emergency leave is on account of
the wedding of petitioner's brother, who is the convict's son.
2. The learned Public Prosecutor upon instructions submitted
that the victim is residing near the residence of the convict, and
therefore releasing him, even for a limited period, would cause
serious prejudice. It was also pointed out that the victim's father
became mentally ill after the incident that led to the registration of
the crime while her mother died, and the victim became ostracized
from society. Thus so no leniency ought to be shown, submitted the
learned Public Prosecutor.
3. Though the objections raised by the learned Public
Prosecutor are substantial, taking note of the wedding of the
convict's son, I am of the view that a limited leave can be granted to
enable the convict to participate in his son's wedding.
WP(CRL.) NO. 575 OF 2024
4. Petitioner's father is alleged to have committed the heinous
crime of rape on a minor victim, who was aged only 12 years at the
time of incident. Though no leniency can be shown to petitioner's
father for the nature of the crime committed, taking into
consideration, the wedding of his son, this Court is of the view that
a limited emergency leave can be granted for an escort parole to the
petitioner's father.
5. Therefore, the 3rd respondent is hereby directed to release
the petitioner's father on escort parole for a period of 24 hours,
from 5:00pm on 30-05-2024 till 5:00pm on 31-05-2024, subject to
the condition that petitioner's father shall not, under any
circumstances, interact or contact the victim. The policeman on
duty shall not be in uniform and shall ensure that the petitioner's
father remains away from the victim. The convict shall not be
entitled to visit his residential house as it is nearby the victim's
residence.
This writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
H/O
AJM/29/5/24
WP(CRL.) NO. 575 OF 2024
APPENDIX OF WP(CRL.) 575/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
03.10.2023 IN S.C. NO. 710/2018 PASSED
BY THE HONOURABLE COURT OF THE FAST
TRACK SPECIAL JUDGE, PONNANI
Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 23.05.2024 ISSUED BY THE CIVIL
SURGEON, COMMUNITY HEALTH CENTRE,
TRIKKANAPURAM
Exhibit P3 TRUE COPY OF THE PHOTOGRAPH OF THE
MOTHER OF THE CONVICT
Exhibit P4 TRUE COPY OF MARRIAGE INVITATION DATED
31.05.2024 OF THE CONVICT'S SON
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
05.01.2023 IN CRL.M.C. NO.9111/2022
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
24.01.2024 IN W.P. (CRL) NO. 58/2024
PASSED BY THIS HONOURABLE COURT
Exhibit P7 TRUE COPY OF THE ORDER NO. R4-
3414/2023/CPTVNR DATED 17.01.2024 OF THE
