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Muhammed Mazin K.Y vs The Secretary
2024 Latest Caselaw 31444 Ker

Citation : 2024 Latest Caselaw 31444 Ker
Judgement Date : 2 November, 2024

Kerala High Court

Muhammed Mazin K.Y vs The Secretary on 2 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                       2024:KER:81903

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946

                       WP(CRL.) NO. 1174 OF 2024



PETITIONER/S:



          MUHAMMED MAZIN K.Y , AGED 24 YEARS
          S/O YOUSAF K.A, VALIYAKATH HOUSE,
           PALUVAI S O, CHAKKAMKANDAM,
          THRISSUR DISTRICT, PIN - 680522


          BY ADVS.
          P.MOHAMED SABAH
          LIBIN STANLEY
          SAIPOOJA
          SADIK ISMAYIL
          BENSON AMBROSE
          R.GAYATHRI




RESPONDENT/S:



    1     THE SECRETARY, HOME DEPARTMENT,
          STATE OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM,, PIN - 695001

    2     DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
          PRISONS HEADQUARTERS, POOJAPPURA,
          THIRUVANANTHAPURAM,, PIN - 695012

    3     THE SUPERINTENDENT,
          CENTRAL PRISON AND CORRECTIONAL HOME,
          VIYYUR,
           THRISSUR DISTRICT,, PIN - 680010
 WP(CRL.) NO. 1174 OF 2024       2


                                                    2024:KER:81903


    4     THE STATION HOUSE OFFICER,
          GURUVAYOOR POLICE STATION,
          GURUVAYOOR, THRISSUR DISTRICT, PIN - 680101




          PP C.N PRABHAKARAN


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 1174 OF 2024                3


                                                                    2024:KER:81903


                          BECHU KURIAN THOMAS, J
                    .............................................
                        W.P(Crl.) No.1174 of 2024
                  .......................................................
                Dated this the 2nd day of November, 2024


                                    JUDGMENT

Petitioner seeks for a direction for the grant of emergency leave to his

father Sri. Yousaf S/o. Ali Ahammed, who is a prisoner housed at the Central

Prison, Viyur. The reason stated for seeking emergency leave is the death of

the sister of the convict.

2. The learned Public Prosecutor upon instructions submitted that

Sri.Yousaf, was granted emergency leave for a period of seven days excluding

one day for journey as per the proceedings dated 31.10.2024, pursuant to the

application submitted by his son-in-law. Copy of the order dated 31.10.2024

was also handed over across the Bar.

3. A reading of the said order indicates that Sri.Yousaf Convict

No.5690 was granted emergency leave as mentioned above. In view of the

circumstance that petitioner's father has already been granted emergency

leave, this writ petition has become infructuous.

Accordingly, this writ petition is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ

2024:KER:81903

APPENDIX OF WP(CRL.) 1174/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE E-COURT PROCEEDINGS REGARDING THE CONVICTION OF PETITIONERS FATHER DATED 23.09.2021 IN S.C. NO. 146 OF 2015 ON THE FILE OF FAST TRACK SPECIAL COURT, KUNNAMKULAM, THRISSUR DISTRICT

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 25.07.2024 IN WP(CRL) NO. 818/2024 PASSED BY THIS HON'BLE COURT

Exhibit P3 TRUE COPY OF THE LETTER DATED 30.10.2024 ISSUED BY THE COUNCILLOR OF WARD NO.XI OF GURUVAYOOR MUNICIPALITY

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 30.10.2024 SENT BY THE NEPHEW OF THE CONVICT TO RESPONDENT NO.3 VIA EMAIL

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 05.01.2023 IN CRL.M.C. NO.9111/2022 OF THIS HON'BLE COURT

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 24.01.2024 IN W.P. (CRL) NO. 58/2024 PASSED BY THIS HONOURABLE COURT

 
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