Kerala High Court
V Parvathiamma vs State Of Kerala on 30 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 1165 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(CRL.) NO. 1165 OF 2024
CRIME NO.167/2006 OF Iritty Police Station, Kannur
PETITIONER :
V PARVATHIAMMA
AGED 75 YEARS, W/O KUNHIRAMAN
DEEPAM HOUSE, PUNNAD, KEEZHUR,
KANNUR, PIN - 670 703
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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 HEADQUARTERS,
POOJAPURA, THIRUVANANTHAPURAM,
PIN - 695 012
WP(CRL.) NO. 1165 OF 2024
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4 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME,
KANNUR, PIN - 670 004
BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 1165 OF 2024
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BECHU KURIAN THOMAS, J.
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W.P. (Crl.) No.1165 of 2024
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Dated this the 30th day of October, 2024
JUDGMENT
Petitioner's son is Convict No.345/19, who is undergoing
imprisonment for life and is lodged at the Central Prison, 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.P2. Till date, no decision has been
taken. As the date of marriage is fast approaching, petitioner apprehends
that orders will not be issued within the time. Therefore, he has
approached this Court.
2. I have heard Sri.S.Rajeev, the learned counsel for the
petitioner as well as Sri.C.N.Prabhakaran, the learned Public Prosecutor.
3. Rule 400(2) of the Kerala Prisons and Correctional Services
(Management) Rules, 2014 stipulates that emergency leave can be
granted for the marriage of the nephew or the niece of the convict. If the
proposed wedding as per Ext.P1 relates to the nephew of the convict,
there is no reason why the emergency leave should be denied to the
petitioner, since the Rules stipulate emergency leave to be granted for
the wedding of the nephew. Hence, appropriate orders will have to be
passed at the earliest on Ext.P2. Delay in passing orders on emergency
WP(CRL.) NO. 1165 OF 2024
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leave applications and waiting until the eve of the scheduled date is not a
proper method, especially when Ext.P2 application has been preferred
much ahead of the date.
In such circumstances, there will be a direction to the 4 th
respondent to consider and pass appropriate orders on Ext.P2, within 48
hours 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
Handover
WP(CRL.) NO. 1165 OF 2024
2024:KER:80836
APPENDIX OF WP(CRL.) 1165/2024
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE INVITATION CARD OF
THE MARRIAGE OF THE PETITIONER'S GRANDSON
SCHEDULED ON 10.11.2024
Exhibit P2 THE TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
