Kerala High Court
Renuka S vs Director General Of Police on 24 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79337
WP(CRL.) NO. 1074 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(CRL.) NO. 1074 OF 2024
PETITIONER :
RENUKA S., AGED 52 YEARS
W/O SURENDRAN K.,
SREESOORYA, PARAKODE (PO),
ADOOR, PATHANAMTHITTA, PIN - 691 554.
BY ADVS.
V.JOHN SEBASTIAN RALPH
RALPH RETI JOHN
VISHNU CHANDRAN
GIRIDHAR KRISHNA KUMAR
GEETHU T.A.
APOORVA RAMKUMAR
MARY GREESHMA
LIZ JOHNY
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE
PRISONS & CORRECTIONAL SERVICES, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695 012.
2 SUPERINTENDENT,
CENTRAL PRISON AND CORRECTIONAL FACILITY,
POOJAPURA, PIN - 695 012.
3 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 1074 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl.) No.1074 of 2024
...................................................
Dated this the 24th day of October, 2024
JUDGMENT
Petitioner's son, was convicted for life imprisonment in S.C.No.820/2020
on the files of the Additional Sessions Court-IV, Kollam. The offences
alleged against him includes Section 307 of IPC.
2. Petitioner alleges that her husband is suffering from serious illness,
which is stated to be terminal in nature, and therefore, the presence of
the convict may be soothing and alleviate the agony of the patient
marginally at least. Petitioner believes that the presence of the convict
can improve the condition of the patient, and therefore, emergency
parole is essential.
3. The learned Public Prosecutor, upon instructions, submitted that an
application for emergency parole was submitted by the petitioner as well
as the convict, and since the same were not supported by proper
certificates, those applications were rejected.
4. Since the Rule prescribes applications to be submitted for emergency
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WP(CRL.) NO. 1074 OF 2024
leave along with supporting certificates, the petitioner/convict must,
while applying for emergency leave produce such certificates. Though a
copy of a certificate from a civil surgeon has been produced before this
Court along with I.A.No.1/2024, such a certificate has not been produced
before the prison authorities. However, petitioner or the convict must
be granted an opportunity to submit a fresh application.
5. Hence, if in case petitioner or the convict files any application for
emergency leave, supported by documents required under law, the
second respondent shall consider the same in accordance with law as
expeditiously as possible, at any rate, within seven days from the date of
filing of the said application.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/24/10/2024
2024:KER:79337
WP(CRL.) NO. 1074 OF 2024
APPENDIX OF WP(CRL.) 1074/2024
PETITIONER ANNEXURES
EXHIBIT P1 TRUE COPY OF THE REQUEST LETTER DATED
26.09.2024
EXHIBIT P2 TRUE COPY OF THE MRI REPORT DATED 20.06.2023
OF THE HUSBAND OF THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE DISCHARGE SUMMARY OF THE
HUSBAND OF THE PETITIONER DATED 03.02.2024
ISSUED FROM GENERAL HOSPITAL, ADOOR
EXHIBIT P4 TRUE COPY OF THE TREATMENT CERTIFICATE DATED
17.10.2024 ISSUED BY THE CIVIL SURGEON,
HEALTH SERVICES DEPARTMENT, KERALA
