Kerala High Court
Girija vs The Secretary on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71252
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(CRL.) NO. 1031 OF 2024
PETITIONER:
GIRIJA
AGED 61 YEARS
W/O SATHYAN,
VISHNU BHAVAN, MAMOM,
KIZHUVALAM- KOONTHALLOOR,
KIZHUVILLAM P.O.,
THIRUVANANATHAPURAM DISTRICT, PIN - 695104
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
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,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
2024:KER:71252
W.P.(Crl.).No.1031 of 2024
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BY ADV. SREEJA V,
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(Crl.).No.1031 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
---------------------------------------
W.P.(Crl.).No.1031 of 2024
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Dated this the 25th day of September, 2024
JUDGMENT
Petitioner is the mother of Sri. Subash, who is Convict No.3762
of Open Prison & Correctional Home, Nettukaltheri. Petitioner's husband -
father of the convict, died on 04.08.2024, and the request of the convict
for grant of emergency leave was confined to an escort parole to attend
the funeral. The convict however refused to avail the escort parole.
Petitioner has filed this writ petition seeking the grant of emergency leave
to the convict for five days.
2. Smt. Sreeja.V, the learned Public Prosecutor, upon
instructions, submitted that despite the convict being offered escort parole
for attending the funeral, he refused to accept the same and therefore, he
is not entitled to be granted any emergency leave. It is further pointed out
that convict has 23 criminal antecedents against him and further that he is
not a well-behaved prisoner to be granted even an ordinary leave. In
support of the said submission, it is pointed out that due to various
problems created in the prison, he was transferred from the Central Prison
and Correctional Home, Viyyur, to Thavanoor, and then to Nettukaltheri,
and disciplinary proceedings had to be initiated against him for abusing his
fellow prisoners resulting in a punishment being imposed on him on
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07.06.2024. It was submitted that he cannot be regarded as a person
eligible to be granted leave as sought for.
3. Having heard the learned counsel for the petitioner as well as
the learned Public Prosecutor and on perusing the documents handed over
across the Bar by the learned Public Prosecutor, I am of the view that a
lenient view can be adopted to grant a limited period of emergency leave
considering the peculiar circumstances of the case.
4. The convict's father died on 04.08.2024. Though the convict's
refusal to accept the escort parole offered to him should stand against his
present claim, I am of the view that, as mentioned earlier, a liberal view
can be taken and the convict ought to be granted a period of two days as
emergency leave.
5. Hence, there will be a direction to the third respondent to
grant two days emergency leave to Convict No.3762 (Subash) from 9.00
am on 28.09.2024 till 9.00 am on 30.09.2024. The third respondent shall
pass appropriate orders granting the emergency leave as directed above
on appropriate conditions.
This writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/25.09.24
2024:KER:71252
APPENDIX OF WP(CRL.) 1031/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 11.10.2019 IN
CRL.APPEAL NO. 868/2016 PASSED BY THIS
HONOURABLE COURT
Exhibit P2 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO.648/2024 OF THUMBA POLICE
STATION SHOWING THE ACCIDENT DEATH OF THE
FATHER OF THE CONVICT
Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED
05.08.2024 ISSUED BY THE WARD COUNCILLOR
TO THE RESPONDENT NO.3
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 02.02.2024
IN W.P (CRL) NO. 120/2024 PASSED BY THIS
HONOURABLE COURT
Exhibit P5 TRUE COPY OF THE JUDGEMENT DATED
03.09.2024 IN W.P (CRL) NO. 936/2024
PASSED BY THIS HONOURABLE COURT
