Kerala High Court
Raheema .K vs The Secretary on 3 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:66566
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(CRL.) NO. 936 OF 2024
PETITIONER:
RAHEEMA .K
AGED 39 YEARS
W/O RASHID @ BAPPUTTI,
THEKKUMPURAYAN HOUSE,
KALLAMKUZHI, THRIKALLOOR P.O,
MANNARKKAD, PALAKKAD DISTRICT, PIN - 678593
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
M.MAHIN HAMZA
ALWIN JOSEPH
R.GAYATHRI
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, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME,
THAVANUR, MALAPPURAM DISTRICT, PIN - 679573
4 THE STATION HOUSE OFFICER
MANNARKKAD POLICE STATION,
PALAKKAD DISTRICT, PIN - 678582
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W.P.(Crl.) No.936 of 2024
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BY ADV. NOUSHAD.K.A,
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(Crl.) No.936 of 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.936 of 2024
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Dated this the 3rd day of September, 2024
JUDGMENT
Petitioner's husband was the 11th accused in S.C.No.127/2016 on
the files of the Additional Sessions Court-IV, Palakkad. He was convicted
and sentenced to undergo life imprisonment for the offence under Section
302 of the Indian Penal Code, 1860. He is Convict No.70/22 of Central
Prison and Correctional Home, Thavanur.
2. This writ petition has been filed by the petitioner seeking
emergency leave for her husband-the Convict for attending the wedding
of their daughter on 05.09.2024.
3. After this writ petition was filed, this Court was informed that
the application filed by the petitioner before the Prison Authority was
pending consideration. Today, the learned Public Prosecutor obtained
instructions that the said application is dismissed based on the adverse
Police report.
4. I have heard Smt. Saipooja, the learned counsel for the
petitioner and Sri. Noushad.K.A, the learned Public Prosecutor.
5. Petitioner's daughter is concededly getting married on
05.09.2024. Convict No.70/22 was on bail from 05.03.2014 till the
judgment dated 16.05.2022. No adverse circumstances have been
pointed out during the period while he was on bail. Considering the
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wedding of the convict's daughter, which itself is a condition for the grant
of emergency leave under Rule 400 of the Kerala Prisons and
Correctional Services (Management) Rules, 2014, I am of the view that
the circumstances require the grant of emergency leave to the
petitioner's husband. The order dated 02.09.2024 rejecting the leave
application of the petitioner, a copy of which was handed over by the
learned Public Prosecutor is legally untenable, since it had failed to take
into consideration the circumstance that the petitioner's husband was on
bail from 2014 onwards.
6. In view of the above, there will be a direction to the second
and third respondents to release the petitioner's husband, Sri.Rashid,
S/o.Majeed, Convict No.70/22 of Central Prison and Correctional Home,
Thavanur, on emergency leave for a period of five days from 10.00 am on
04.09.2024 till 05.00 pm on 09.09.2024. The fourth respondent shall
ensure that no untoward law and order situation arises on account of the
presence of the convict while he is on leave. It is clarified that in case the
presence of the Police during the wedding ceremony is essential, the
Police officers shall be in plain clothes and not in uniform. The learned
Public Prosecutor is directed to intimate the gist of this order to
respondents 3 and 4.
Writ petition is disposed of as above.
H/O
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/03.09.24.
2024:KER:66566
APPENDIX OF WP(CRL.) 936/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 16.05.2022
IN S.C. NO. 127/2016 PASSED BY THE
HONOURABLE COURT OF THE ADDITIONAL
SESSIONS JUDGE-IV, PALAKKAD.
Exhibit P2 TRUE COPY OF THE MARRIAGE INVITATION
LETTER OF THE CONVICT'S DAUGHTER.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 24.01.2024
IN W.P. (CRL) NO. 58/2024 PASSED BY THIS
HONOURABLE COURT.
