Kerala High Court
Viji Ramesh vs State Of Kerala on 3 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P (Crl) No.1234 of 2023 1
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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. 1234 OF 2023
CRIME NO.303/2005 OF NORTH PARAVUR POLICE STATION,
ERNAKULAM
PETITIONER:
VIJI RAMESH
AGED 41 YEARS
IRINGATHURUTHU HOUSE, MUNAMBAN KARA KUZHUPILLY
VILLAGE, PIN - 683514
BY ADVS.
ARUN KRISHNA DHAN
T.K.SANDEEP
ARJUN SREEDHAR
ALEX ABRAHAM
SWETHA R.
HARIKRISHNAN P.B.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME
AFFAIRS, GOVT. OF KERALA, SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 SUPERINDENENT OF JAIL
VIYYUR CENTRAL PRISON, THRISSUR, PIN - 680010
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P (Crl) No.1234 of 2023 2
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BECHU KURIAN THOMAS , J.
------------------------------
W.P (Crl) No.1234 of 2023
------------------------------
Dated this the 03rd day of September 2024
JUDGMENT
This W.P (Crl) was filed seeking a direction for
grant special leave to the husband of the petitioner for a
period of 6 months for undergoing assisted reproductive
(IVF) treatment for the petitioner. By order dated
05.08.2024, this Court directed the ordinary leave
already granted to the petitioner's husband by the prison
authorities on 15.07.2024 to be continued. On
23.08.2024, the leave was extended by a further period of
10 days on the basis of a medical certificate produced
from Lakshmi Hospital Ernakulam. It is now submitted
that, the treatment has been completed and the
petitioner's husband has already returned back to prison
on 02.09.2024.
2. Though the learned counsel for the
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petitioner submitted that, what has been completed is
only the first round of treatment, I am not entering into
any finding on the said aspect and that question is left
open. Since the relief sought for in this Writ Petition has
already been obtained, nothing further surviving for
consideration.
Accordingly, this writ petition is closed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Anu
2024:KER:66825
APPENDIX OF WP(CRL.) 1234/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TREATMENT RECORD DATED
4-12-2008 ISSUEDFROMLOURDE HOSPITAL
ERNAKULAM FOR THE TREATMENT OF THE
PETITIONER
Exhibit P2 MEDICAL REPORT OF THEPETITIONER ISSUED
BY LAKSHMI HOSPITAL
ERNAKULAMALONGWITHTHEDISCHARGE SUMMARY
DATED 3.10.2018
Exhibit P3 TRUE COPY OF THE CERTIFICATE
ISSUEDBYDR.TITY CHACKO, LAKSHMI
HOSPITAL ERNAKULAM
Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED
FROM LAKSHMI HOSPITAL ERANKULAM DATED
20.03.2024
EXHIBIT-P5. A COPY OF THE MEDICAL REPORT SHOWING
THE AMH LEVEL, ISSUED BY DDRC AGILUS
PATHLABS LIMITED DATED 16.03.2024,
EXHIBIT-P6. A TRUE COPY OF THE CERTIFICATE ISSUED
BY DR. TITY CHACKO, LAKSHMI HOSPITAL,
ERNAKULAM, DATED 29.07.2024
Exhibit P7 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE DOCTOR
Exhibit P8 TRUE COPY OF THE INVOICE CASH BILL
DATED 13/ 08/ 2024
Exhibit P9 TRUE COPY OF THE PRESCRIPTION NOTE OF
THE DOCTOR DESCRIBING THE TREATMENT
REQUIRED DATED 16/08/2024
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RESPONDENT ANNEXURES
Annexure R2(a) True copy of the Negative Police
reports and the positive probation
recommendation report
Annexure R2(b) True copy of the minutes of the Jail
Advisory Board for the year 2023 and
leave Review Committee for the year
Annexure R2(c) True copy of the probationary officers
report dated 3/6/2023.
Annexure R2(d) True copy of the Probationary officers
report dated 20/11/2023
Annexure R2(e) true copy of the Government OrderG.O
(Rt) No. 547/2024/Home dated 20/2/2024.
Annexure R2(f) True copy of the office ProceedingsP1-
2873-2023/CPV dated 9/3/2024
