Kerala High Court
V.Parvathi Amma vs State Of Kerala on 8 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 1208 OF 2024
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2024:KER:83239
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(CRL.) NO. 1208 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 ADV T.MADHU
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
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
4 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME,
KANNUR, PIN - 670004
BY SMT.SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 1208 OF 2024
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2024:KER:83239
BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.1208 of 2024
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Dated this the 8th day of November, 2024
JUDGMENT
Petitioner's son is Convict No.344/19, 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.P3. Since the request
was not considered, petitioner filed W.P.(Crl.) No.1192 of 2024 and by
judgment dated 05.11.2024, the 4th respondent was directed to pass
appropriate orders within 48 hours. Thereafter, Ext.P6 has been issued
rejecting the request. Petitioner challenges the aforesaid order.
2. I have heard Sri.T.Madhu, the learned counsel for the
petitioner as well as Smt.Sreeja V., 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. 1208 OF 2024
2024:KER:83239
Accordingly, Ext.P6 is set aside and there will be a direction to
the 4th respondent to grant leave to the petitioner's son, Convict
No.344/19, 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. 1208 OF 2024
2024:KER:83239
APPENDIX OF WP(CRL.) 1208/2024
PETITIONER'S 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 DATED 18/10/2024 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
5/11/2024 IN W.P.(CRL.)NO.1192/2024 ON THE
FILES OF THIS HONOURABLE COURT
Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED
30/10/2024 IN W.P.(CRL.)NO.1165/2024 ON
THE FILES OF THIS HONOURABLE COURT
Exhibit P6 THE TRUE COPY OF THE ORDER DATED 5/11/2024
PASSED BY THE FOURTH RESPONDENT
