Kerala High Court
Jameela vs State Of Kerala on 29 April, 2025
2025:KER:33283
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
WP(CRL.) NO. 503 OF 2025
CRIME NO.87/2018 OF AGALI POLICE STATION, PALAKKAD
AGAINST THE JUDGMENT DATED 04.04.2023 IN SC NO.265 OF 2018 OF
SPECIAL COURT-TRIAL OF OFFENCE UNDER SC/ST(POA)ACT1989, MANNARKKAD
PETITIONER:
JAMEELA
AGED 61 YEARS
M/O. C. NO. 141/2023 MARAKKAR,
KILAYIL HOUSE, MUKKALI P.O.,
KALLAMALA, PALAKKAD, PIN - 678582
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
AKASH CHERIAN THOMAS
DIPA V.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 HOME SECRETARY
STATE OF KERALA, SECRETARIAT THIRUVANANTHAPURAM,
WP(CRL.) NO. 503 OF 2025 2
2025:KER:33283
PIN - 695001
3 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES
PRISON HEAD QUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695012
4 THE SUPERINTENDANT
CENTRAL PRISON & CORRECTIONAL HOME,
THAVANOOR, MALAPPURAM DISTRICT, PIN - 679573
OTHER PRESENT:
ADV M .C ASHI PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 29.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 503 OF 2025 3
2025:KER:33283
EASWARAN S., J.
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W.P.(Crl)No.503 of 2025
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Dated this the 29th day of April, 2025
JUDGMENT
The petitioner is the mother of one Marakkar, who is
the 2nd accused in S.C.No.265/2018 on the files of the Special
Court for the trial of SC/ST (PoA) Act, Special Cases/Additional
Sessions Court, Mannarkad. The case arises out of Crime
No.87/2018 of Agali Police Station, Palakkad.
2. On successful completion of the trial, the
petitioner's son was found guilty of offences punishable under
Sections 143, 147, 323, 324, 326, 342, 367, 304 Part II r/w
Section 149 of IPC and Section 3(1)(d) of the SC/ST Prevention
of Atrocities Act. The petitioner's son was awarded with a
punishment of 7 years imprisonment. As per the provisions of
Kerala Prisons & Correctional Services (Management) Rules,
2014, the petitioner's son is entitled for an ordinary leave on
satisfaction of the conditions stipulated under Rule 397. When
an application was preferred by the mother, Ext.P4 letter dated
2025:KER:33283
06.02.2025 has been brought, wherein it is stated that an
adverse report from the District Police Chief and also a
favourable report from the District Probation Officer has been
received and it is for the Director General of Prisons &
Correctional Services to make final decision in this regard.
Admittedly, till now, the Director has not taken any final
decision in this regard. The only prayer in the present writ
petition is to issue a writ of mandamus directing respondents 3
and 4 to grant ordinary parole to the son of the petitioner, who
is Convict No.141/2023 undergoing imprisonment in Central
Prison & Correctional Home, Thavanoor, Malappuram.
3. Heard Shri.S. Rajeev, the learned counsel for
the petitioner and the learned Public Prosecutor.
4. On consideration of the rival submissions
raised across the Bar, this Court is of the considered view that
a positive direction as sought for by the petitioner cannot be
granted at this stage. Admittedly, as revealed from Ext.P4, the
3rd respondent has not taken any decision in this regard. At this
point of time, this Court cannot pre-judge as to whether the 3 rd
respondent will grant the relief or will reject the same.
2025:KER:33283
In such circumstances, the writ petition is disposed of
directing the 3rd respondent to take up the request made by the
petitioner for grant of ordinary leave to her son who is convict
No.141/2023 within a period of two weeks from the date of
receipt of a copy of this judgment and communicate the
decision thereof to the petitioner.
Sd/-
EASWARAN S.
JUDGE
MSA
2025:KER:33283
APPENDIX OF WP(CRL.) 503/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE 2ND RESPONDENT ALONG
WITH THE POSTAL RECEIPT DATED
30.01.2025
Exhibit-P2 A TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE 3RD RESPONDENT ALONG
WITH THE POSTAL RECEIPT DATED
30.01.2025
Exhibit-P3 A TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE 4TH RESPONDENT ALONG
WITH THE POSTAL RECEIPT DATED
30.01.2025
Exhibit-P4 A TRUE COPY OF THE LETTER DATED
06.02.2025 ISSUED BY THE 4TH RESPONDENT
