Sreekutty vs State Of Kerala
2024 Latest Caselaw 32883 Ker

Kerala High Court

Sreekutty vs State Of Kerala on 13 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

WP(CRL.) NO. 1229 OF 2024


                                  1
                                                  2024:KER:85244
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946

                    WP(CRL.) NO. 1229 OF 2024

PETITIONER :

            SREEKUTTY
            AGED 26 YEARS
            W/O K. AMAL @ LUTTAPPI, S/O KAMALAN,
            MELEKONATHU VEED, CHENKOTTUKONAM,
            ULIYAZHATHURA, AYIROORPARA VILLAGE,
            THIRUVANANTHAPURAM, PIN - 695 587


            BY ADV M.HEMALATHA


RESPONDENTS :

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
            KERALA, HOME DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001

    2       DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
            SERVICES
            PRISON HEAD QUARTERS, POOJAPPURA,
            THIRUVANANTHAPURAM, PIN - 695 012

    3       SUPERINTENDENT
            CENTRAL PRISONS & CORRECTIONAL HOME,
            POOJAPPURA, THIRUVANANTHAPURAM,
            PIN - 695 012


            SMT. SREEJA V., PUBLIC PROSECUTOR


     THIS    WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 13.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(CRL.) NO. 1229 OF 2024


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                                                           2024:KER:85244
                    BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=
                    W.P.(Crl.).No.1229 of 2024
                    -=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 13th day of November, 2024

                                JUDGMENT

Petitioner is the wife of Convict No.5951 of Central Prison,

Poojappura, Thiruvananthapuram. She alleges that she is undergoing

infertility treatment and hence presence of her husband - convict is

necessary. She has filed an application claiming emergency leave as per

Ext.P3 which has not yet been disposed of. The limited relief sought for

by the petitioner is for a direction to consider her application for grant of

emergency leave.

2. Having heard the learned counsel for the petitioner as well as

the learned Public Prosecutor, I am of the view that this writ petition can

be disposed of with a direction.

Accordingly, there will be a direction to the 3 rd respondent to

consider and dispose of Ext.P3 application dated 16.10.2024, as

expeditiously as possible, at any rate, within a period of three weeks from

the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(CRL.) NO. 1229 OF 2024

2024:KER:85244 APPENDIX OF WP(CRL.) 1229/2024

PETITIONER'S EXHIBITS :

Exhibit-P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 30.7.2018 ISSUED BY THE SECRETARY, THIRUVANANTHAPURAM CORPORATION

Exhibit-P2 THE COPY OF THE CERTIFICATE ISSUED BY DR. MAYA DEVI, GYNAECOLOGIST AND OBSTETRICIAN, SREE RAMAKRISHNA ASHRAMA CHARITABLE HOSPITAL, SASTHAMANGALAM, THIRUVANANTHAPURAM DATED. 03.08.2024

Exhibit-P3 A TRUE COPY OF THE REPRESENTATION DATED 16-10-2024 ADDRESSED TO THE 3RD RESPONDENT

Exhibit-P4 TRUE COPY OF THE POSTAL RECEIPT DATED 17-10-2024