Kerala High Court
Balan K. K vs The Secretary on 1 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:81504
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(CRL.) NO. 657 OF 2024
PETITIONER:
BALAN K. K
AGED 66 YEARS
S/O. KUNCHUMANI, ATHANIPARAMBU, KARAPPOTTA, KANNAMBRA,
PALAKKAD DISTRICT,, PIN - 678686
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
RAYEES P.
BENSON AMBROSE
AISWARYA K.M.
RESPONDENTS:
1 THE SECRETARY
HOME DEPARTMENT, STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
PRISONS HEADQUARTERS, POOJAPURA, THIRUVANANTHAPURAM,,
PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON, THAVANOOR, MALAPPURAM DISTRICT,
PIN - 679573
WP(CRL.) NO. 657 OF 2024 2
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4 THE STATION HOUSE OFFICER
VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT,
PIN - 678683
5 THE DISTRICT POLICE CHIEF
PALAKKAD, NEAR KSRTC BUS STAND, PALAKKAD DISTRICT,
PIN - 678014
6 THE DISTRICT PROBATION OFFICER
PALAKKAD, CIVIL STATION, PALAKKAD DISTRICT,
PIN - 678001
BY ADV. SMT. SREEJA V (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 657 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
W.P.(Crl.) No.657 of 2024
.......................................................
Dated this the 1st day of November, 2024
JUDGMENT
Petitioner is the father of the fifth accused, Sri. Sumesh, in
S.C.No.897/2015 on the file of the Additional Sessions Court-III, Palakkad.
The said accused was convicted under Sections 143, 144, 147, 148, 341,
201, 120B and 302 read with Section 149 of the Indian Penal Code, 1860.
Petitioner filed this writ petition seeking appropriate directions for
releasing petitioner's son on ordinary leave.
2. In Ext.P4 it is observed that this Court has directed the
Director General of Prisons and Correctional Services,
Thiruvananthapuram, to take a decision on the petitioner's application
for ordinary leave. It was submitted that pursuant to the said direction,
his request for ordinary leave was rejected. The learned Government
Pleader upon instructions submitted that, subsequent on 09.08.2024, the
Jail Advisory Committee has recommended the petitioner's application
for ordinary leave and the same is placed for consideration before the
Director General of Prisons.
3. In this context, the learned counsel for the petitioner brought
to the notice of this Court on Ext.P5 which is a bond execution by
2024:KER:81504
Sri.Janeesh, a co-accused of the petitioner's son, to whom the ordinary
leave has already been granted.
4. Since, the Jail Advisory Committee has recommended the
petitioner for grant of ordinary leave, I am of the view that this writ
petition can be disposed of with a direction.
5. Since, the recommendation of the Jail Advisory committee is
placed before the Director General of Prisons, there will be a direction to
the 2nd respondent to consider and pass appropriate orders on the said
recommendation as expeditiously as possible, at any rate, within a
period of three weeks from the date of receipt of a copy of this judgment,
bearing in mind the contention of the petitioner that the co-accused of
the petitioner's son has already been granted ordinary leave, as evident
from Ext.P5 bond executed by the said accused.
This writ petition is disposed of, with the above observations.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:81504
APPENDIX OF WP(CRL.) 657/2024
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
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 4.4.2024 IN W.P.
(CRL) NO.175/2024 PASSED BY THIS HONOURABLE COURT
Exhibit P5 TRUE COPY OF THE PAROLE BOND OF THE CO ACCUSED OF
THE SON OF THE PETITIONER
