V.Parvathi Amma vs State Of Kerala
2024 Latest Caselaw 31577 Ker

Kerala High Court

V.Parvathi Amma vs State Of Kerala on 5 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                      2024:KER:81993

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                      WP(CRL.) NO. 1192 OF 2024

        CRIME NO.167/2006 OF Iritty Police Station, Kannur

PETITIONER:

          V.PARVATHI AMMA
          AGED 75 YEARS
          W/O.KUNHIRAMAN, RESIDING AT DEEPAM HOUSE, PUNNAD,
          KEEZHUR, KANNUR DISTRICT, PIN - 670703


          BY ADVS.
          T.MADHU
          C.R.SARADAMANI
          RENJISH S. MENON
          AISWARYA JAYAPAL
          ALEENA JOSE
          KARTHIK KRISHNA M.




RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE ADDITIONAL CHIEF SECRETARY (HOME)
          DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
          SERVICES
          JAIL QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,
          PIN - 695012
 WP(CRL.) NO. 1192 OF 2024       2

                                                    2024:KER:81993

    4     THE SUPERINTENDENT
          CENTRAL PRISON AND CORRECTIONAL HOME, KANNUR,
          PIN - 670004

          SRI. C.N. PRABHAKARAN (PP)


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 1192 OF 2024               3

                                                                  2024:KER:81993


                        BECHU KURIAN THOMAS, J
                   ---------------------------------------------
                         W.P.(Crl.) No.1192 of 2024
               ----------------------------------------------------
              Dated this the 5th day of November, 2024

                                   JUDGMENT

Petitioner's son is Convict No.344/2019, who is undergoing

imprisonment for life and is lodged at the Central Prison and Correctional

Home, Kannur. Petitioner's grandson, who is the nephew of the convict, is

getting married on 10.11.2024. Claiming an emergency leave, an application

was submitted on 18.10.2024 as Ext.P3. Till date, no decision has been taken.

As the date of marriage is fast approaching, petitioner apprehends that orders

will not be issued within the time. Therefore, she has approached this Court.

2. I have heard the learned counsel for the petitioner as well as the

learned Public Prosecutor.

3. Rule 400(2) of the Kerala Prisons and Correctional Services

(Management) Rules, 2014 stipulates that emergency leave can be granted for

the marriage of the nephew or the niece of the convict. If the proposed

wedding as per Ext.P2 relates to the nephew of the convict, there is no reason

why the emergency leave should be denied to the convict, since the Rules

stipulate emergency leave to be granted for the wedding of the nephew.

Hence, appropriate orders will have to be passed at the earliest on Ext.P3.

Delay in passing orders on emergency leave applications and waiting until the

eve of the scheduled date is not a proper method, especially when Ext.P3

2024:KER:81993

application has been preferred much ahead of the date.

4. In such circumstances, there will be a direction to the 4th

respondent to consider and pass appropriate orders on Ext.P3, within 48 hours

from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ

2024:KER:81993

APPENDIX OF WP(CRL.) 1192/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 22/5/2019 IN S.C.NO.25/2009 ON THE FILES OF THE ADDITIONAL SESSION'S COURT-II, THALASSERY

Exhibit P2 THE TRUE COPY OF THE MARRIAGE INVITATION CARD OF AMITH, THE GRANDSON OF THE PETITIONER

Exhibit P3 THE TRUE COPY OF THE APPLICATION FOR EMERGENCY LEAVE SUBMITTED ON BEHALF OF CONVICT NO.344/2019 AT THE CENTRAL PRISON AND CORRECTIONAL HOME, KANNUR

Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 30/10/2024 IN W.P.(CRL.)NO.1165/2024 ON THE FILES OF THIS HONOURABLE COURT