Kerala High Court
Vishnu Kailas vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 870 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(CRL.) NO. 870 OF 2024
PETITIONER :
VISHNU KAILAS
AGED 31 YEARS, S/O KAILASAN, C.NO.8083
KACHANIKKODATHU VALLUVALY KONNAMMAVU PO,
KONNAMMAVU S.O ERNAKULAM, KERALA
PIN - 683 518
BY ADVS.
SUBASH CHANDRAN
AHALYA PRAKASH K.V.
KAVITHA K.T.
MEGHANA MANOJ
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED THROUGH CHIEF SECRETARY,
HOME DEPARTMENT GROUND FLOOR, MAIN BLOCK,
SECRETARIAT, THIRUVANATHAPURAM DISTRICT,
KERALA, PIN - 695 001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES PRISONS HEADQUARTERS,
POOJAPPURA, THIRUVANATHAPURAM,
KERALA, PIN - 695 012
3 THE STANDING ADVISORY BOARD (PRISON)
REPRESENTED BY CHAIRMAN THE INSPECTOR GENERAL OF
PRISONS, PRISONS HEAD QUARTERS,
THIRUVANATHAPURAM, KERALA,
PIN - 695 012
WP(CRL.) NO. 870 OF 2024
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4 SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME,
KANNUR, KERALA, PIN - 670 004
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 870 OF 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.870 of 2024
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Dated this the 6th day of September, 2024
JUDGMENT
Petitioner is the son of Convict No.8083 of Central Prison,
Kannur. He filed a representation on 29.09.2023 seeking to regularise the
overstay of the convict. This writ petition is filed seeking a direction to
consider Ext.P1 application dated 29.09.2023 for regularising his
overstay.
2. A statement has been filed by the respondent pointing out
that on an earlier occasion, the convict himself had approached this Court
through W.P.(Crl.) No.1286 of 2023. This Court disposed the said writ
petition by giving liberty to the convict to file a representation to
regularise the overstay. Such a representation was filed by the convict
on 23.01.2024 which was forwarded to the Government by the Director
General of Prisons and by order dated 12.02.2024, the Government
declined to regularise the convict's overstay. Respondents have further
stated that suppressing the filing of the said writ petition by the convict,
this writ petition has been preferred by the son of the convict without
even producing the order of rejection.
3. Having heard the learned counsel for the petitioner as well as
the learned Public Prosecutor, I am of the view that since the petitioner is
WP(CRL.) NO. 870 OF 2024
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the son of convict and the convict's father himself had filed the earlier
writ petition followed by an application for regularisation, which was
dismissed on 12.02.2024, this writ petition cannot be entertained since it
is practically seeking the same relief, which was rejected by the
Government earlier.
Accordingly, I do not find any merit in this writ petition and it is
dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 870 OF 2024
2024:KER:68011
APPENDIX OF WP(CRL.) 870/2024
PETITIONER'S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE LAST APPLICATION DATED
29-9-2023 IS PRODUCED HEREWITH
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED
29.09.2022 HAS BEEN PRODUCED
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED
04.03.2022 HAS BEEN PRODUCED
