Kerala High Court
Rashmi Rajesh vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:74008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(CRL.) NO. 972 OF 2024
PETITIONER/ WIFE OF ACCUSED:
RASHMI RAJESH
AGED 40 YEARS
NALUPURACKAL HOUSE, ARAVOOR, PERINGANDOOR
VILLAGE, THALAPPILLY TALUK THRISSUR,
PIN - 680 581.
BY ADV AJEESH S.BRITE
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HOME AFFAIRS ,
GOVT-SECRETARIATE ,THIRUVANATHAPURAM,
PIN - 695 001.
2 THE SUPERINTENDENT
HIGH SECURITY PRISON, VIYYUR, THRISSUR,
PIN - 680 010.
SRI. C.N. PRABHAKARAN (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl)No.972 of 2024 :2: 2024:KER:74008
BECHU KURIAN THOMAS, J
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W.P.(Crl).No.972 of 2024
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Dated this the 3rd day of October, 2024
JUDGMENT
Petitioner is the wife of the 1 st accused in S.C.No.508/2022 on
the files of IV Additional Sessions Court, Thrissur, who was
convicted under Section 20(b)(ii)C and Section 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 and is presently
lodged at the Central Prison, Viyyur. The petitioner has filed this
Writ Petition seeking a direction for grant of parole for her
husband for a period of thirty days.
2. The learned Public Prosecutor upon instructions
submitted that, as per amendment dated 14.07.2023 to Rule 397(l)
of the Kerala Prisons and Correctional Services Management
Rules, 2014, new conditions have been incorporated which
includes that prisoners convicted for the offence under the
Narcotic and Psychotropic Substance Act, 1985 are not eligible for
release even on emergency leave. It is thus evident from Rule
397(l) and Rule 407 that the petitioner is not entitled to be
released on either ordinary leave or emergency leave.
W.P.(Crl)No.972 of 2024 :3: 2024:KER:74008
3. In the decision in Sandhya v Secretary, Secretariat,
Thiruvananthapuram [2023 (5) KHC 174], Division Bench of this
Court had observed that release of prisoners on ordinary leave and
emergency leave are all based on the rules prescribed and they are
to be strictly adhered to unless there are exceptional reasons. No
such exceptional reasons are shown to exist in the instant case.
Since the rules do not permit grant of the leave both ordinary
or emergency to the prisoners convicted of the offence under the
Narcotic Drugs and Psychotropic Substances Act, I am of the
opinion that this Writ Petition lacks merit and it is dismissed.
Sd/-
BECHU KURIAN THOMAS
SCB JUDGE
W.P.(Crl)No.972 of 2024 :4: 2024:KER:74008
APPENDIX OF WP(CRL.) 972/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER IN CRL.M.A
NO.1/2023 IN CRL.A.NO.1766/2023 DATED
09.07.2024 BY THE LEARNED SINGLE JUDGE OF
THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE ORDER IN
CRL.M.A.NO.2/2024 IN CRL.A.NO.1766/2023
DATED 01.08.2024 BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF THE MEDICAL RECORDS OF THE
PETITIONER'S FATHER DATED 19.07.2024 AND
20.07.2024 ISSUED FROM THE GOVERNMENT
MEDICAL COLLEGE HOSPITAL, THRISSUR.
