Kerala High Court
Janaki vs The Secretary on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73535
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. 829 OF 2024
PETITIONERS:
JANAKI
AGED 53 YEARS
W/O LATE SANKARANKUTTY,
POTHUVAYIL HOUSE,
KANNAMANGALAM, VENGASSERI,
AMBALAPPARA, OTTAPPALAM,
PALAKKAD DISTRICT,, PIN - 679516
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
BENSON AMBROSE
RESPONDENTS:
1 THE SECRETARY
HOME DEPARTMENT,
STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 DIRECTOR GENERAL OF PRISONS AND
-CORRECTIONAL SERVICES
PRISONS HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON, THAVANOOR,
MALAPPURAM DISTRICT, PIN - 679573
4 THE STATION HOUSE OFFICER
OTTAPPALAM POLICE STATION,
PALAKKAD DISTRICT, PIN - 678683
2024:KER:73535
W.P.(Crl.) No.829 of 2024
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5 THE DISTRICT POLICE CHIEF
PALAKKAD, NEAR KSRTC BUS STAND,
PALAKKAD DISTRICT, PIN - 678014
6 THE DISTRICT PROBATION OFFICER
PALAKKAD, CIVIL STATION,
PALAKKAD DISTRICT, PIN - 678001
BY ADV. SREEJA V,
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:73535
W.P.(Crl.) No.829 of 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.829 of 2024
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Dated this the 3rd day of October, 2024
JUDGMENT
Petitioner is the mother of Sri. Prasant @ Unnikuttan, who is a life
convict of Central Prison, Thavannor, having been convicted in
S.C.No.412/2014 on the files of the Additional Sessions Court, Ottappalam.
She seeks the grant of ordinary leave to her son.
2. The learned Public Prosecutor, upon instructions submitted that
due to adverse police reports, ordinary leave was not granted to the convict
earlier. However, on 09.08.2024, the Jail Advisory Board has recommended
the grant of ordinary leave to the petitioner's son, which has been forwarded
to the State Government by letter dated 04.09.2024. It was also submitted
that the second respondent has to take a decision regarding the grant of
ordinary leave, and the same will be done without undue delay.
3. In view of the above submission, there will be a direction to the
second respondent to consider the request for grant of ordinary leave to
petitioner's son Sri. Prasant @ Unnikuttan, without undue delay in a time
bound manner within an outer time limit of two months from the date of
receipt of a copy of this judgment.
This writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/03.10.24
2024:KER:73535
APPENDIX OF WP(CRL.) 829/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 22.10.2019
IN S.C. NO. 412/2014 PASSED BY THE
HONOURABLE ADDITIONAL DISTRICT AND SESSIONS
COURT, OTTAPPALAM.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 03.03.2023
IN W.P. (CRL) NO.1238/2022 PASSED BY THIS
HONOURABLE COURT.
