Kerala High Court
V. Parvathiamma vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 1202 OF 2024
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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. 1202 OF 2024
SC NO.25 OF 2009 OF ADDITIONAL DISTRICT COURT - II,
THALASSERY
PETITIONER :
V. PARVATHIAMMA
AGED 75 YEARS
W/O KUNHIRAMAN, DEEPAM HOUSE
PUNNAD, KEEZHUR, KANNUR, PIN - 670 703
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
K.S.KIRAN KRISHNAN
DIPA V.
ANILKUMAR C.R.
SARATH K.P.
RESPONDENT/ STATE :
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO 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 HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695 012
WP(CRL.) NO. 1202 OF 2024
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4 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME,
KANNUR, PIN - 695 012
SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
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. 1202 OF 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.1202 of 2024
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Dated this the 7th day of November, 2024
JUDGMENT
Petitioner's son is Convict No.345/19, who is undergoing
imprisonment for life and is lodged at the Central Prison & 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.P2. Since the request
was not considered, petitioner filed W.P.(Crl.) No.1165 of 2024 and by
judgment dated 30.10.2024, the 4th respondent was directed to pass
appropriate orders within 48 hours. Thereafter, Ext.P4 has been issued
rejecting the request. Petitioner challenges the aforesaid order.
2. I have heard Sri.S.Rajeev, the learned counsel for the
petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.
3. Admittedly, the convict's direct nephew is getting married on
10.11.2024. Rule 400(2) of the Kerala Prisons and Correctional Services
(Management) Rules, 2014 specifically stipulates that emergency leave
can be granted for the marriage of the direct nephew or niece of the
convict. Respondents have no dispute regarding the scheduled marriage.
Since the marriage and relationship of the convict with the groom are not
disputed, the refusal to grant emergency leave to the convict is per se
arbitrary and without any legal basis.
WP(CRL.) NO. 1202 OF 2024
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Accordingly, Ext.P4 is set aside and there will be a direction to
the 4th respondent to grant leave to the petitioner's son, Convict
No.345/19, for a period of five days from 09.11.2024 onwards.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 1202 OF 2024
2024:KER:83098
APPENDIX OF WP(CRL.) 1202/2024
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE INVITATION CARD OF
THE MARRIAGE OF THE PETITIONER'S GRANDSON
SCHEDULED ON 10.11.2024
Exhibit P2 THE TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATE 18/10/2024
Exhibit P3 THE TRUE COPY OF THE JUDGEMENT PASSED BY
THIS HON'BLE COURT IN WP (CRL) 1165/2024
DATED 30.10.2024
Exhibit P4 TRUE COPY OF THE REJECTED ORDER OF THE 4TH
RESPONDENT DATED 05.11.2024
