Kerala High Court
Muhammedali vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:83425
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(CRL.) NO. 1117 OF 2024
PETITIONER:
MUHAMMEDALI
AGED 44 YEARS
S/O ABOOBACKER, CHELAKKADAN HOUSE, MATTARAKKAL POST,
MUTHUKKUMPURAM, MALAPPURAM DISTRICT,
PIN - 679322
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, KERALA,
SECRETARIAT, THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
PRISONS HEADQUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM,, PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME, THAVANUR,
MALAPPURAM DISTRICT, PIN - 679573
4 THE STATION HOUSE OFFICER
PERINTHALMANNA POLICE STATION, PERINTHALMANNA P.O,
MALAPPURAM DISTRICT, PIN - 679322
WP(CRL.) NO. 1117 OF 2024 2
2024:KER:83425
BY ADV. SMT. SREEJA V (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 1117 OF 2024 3
2024:KER:83425
BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl.) No.1117 of 2024
...................................................
Dated this the 7th day of November, 2024
JUDGMENT
Petitioner's father Sri. Aboobacker who is convict No.338/2024 is
presently lodged at Central Prison, Tavanur. Petitioner seeks emergency
leave for his father to attend the religious prayers in connection with the
death of convict's brother.
2. According to the petitioner the brother of the convict died on
14.10.2024 and though emergency leave was sought for 15 days, he
was granted only an escort parole and therefore effective time could not
be spent with the bereaved family and therefore, prejudice has been
caused.
3. The learned Public Prosecutor upon instructions submitted
that, the petitioner was taken into custody only on 31.07.2024 and since
the funeral of his brother was on 15.10.2024 he was granted an escort
parole on the basis of his application. It is also stated that the alleged
religious prayers are not functions in connection with the funeral and
therefore, the Rules do not stipulate such grant of emergency leave.
4. I have heard the learned counsel for the petitioner as well as
the learned Public Prosecutor.
2024:KER:83425
5. Petitioner's father is conceededly 74 years in age and the
deceased brother was older to him. Obviously, despite the Rules
stipulating emergency leave to be granted for the funeral of the brother,
it does not provide for grant of emergency leave for any prayers,
subsequent to the funeral. The present claim put forth is to attend the
prayers on the 40th day, which is scheduled to be held on 23.11.2024.
Having regard to the circumstances that the petitioner's father was taken
into custody only on 31.07.2024, and the convict's brother died on
14.10.2024, I am of the view that the petitioner's father cannot be
regarded as eligible for any emergency leave as sought for.
6. However, taking into consideration that only an escort parole
was granted on the date of funeral, I am of the view that an emergency
leave for one day for attending the prayers on the alleged 40 th day can
be granted as a special circumstance.
7. Therefore, there will be direction to the 3rd respondent to
release the petitioner's father Sri. Aboobacker Convict No.338/2024 on
emergency leave for a period of one day from 3 p.m on 22.11.2024 till
3p.m. on 23.11.2024, inclusive of traveling time.
With the above observations, this writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:83425
APPENDIX OF WP(CRL.) 1117/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 31.07.2024 IN
S.C. NO. 308 OF 2016 ON THE FILE OF COURT OF
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE-II,
MANJERI
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 15.10.2024
ISSUED BY THE MEMBER OF THAZHEKODE GRAMA
PANCHAYAT REPORTING THE DEATH OF
'MOIDHUTTY, S/O KUNHIPPU'
Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED 02.02.2024
IN W.P (CRL) NO. 120/2024 PASSED BY THIS
HONOURABLE COURT
Exhibit P4 TRUE COPY OF THE JUDGEMENT DATED 03.09.2024
IN W.P (CRL) NO. 936/2024 PASSED BY THIS
HONOURABLE COURT
