Kerala High Court
Shyama vs State Of Kerala on 6 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:58790
WP(CRL.) NO. 996 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(CRL.) NO. 996 OF 2025
SC NO.265 OF 2018 OF SPECIAL COURT-TRIAL OF OFFENCE UNDER
SC/ST(POA)ACT1989, MANNARKKAD
PETITIONER/S:
SHYAMA
AGED 29 YEARS
W/O HAREESH, CHERIVIL HOUSE, MUKKALI P.O,
KALLAMALA, PALAKKAD DISTRICT, PIN - 678582
BY ADVS.
SRI.P.K.VARGHESE
SHRI.JERRY MATHEW
SHRI.DHANESH V.MADHAVAN
SMT.DEVIKA K.R.
SMT.SAWPARNIKA RAJU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 682001
2 THE DIRECTOR GENERAL OF PRISONS
REPRESENTED BY ITS SECRETARY JAIL HEADQUARTERS,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME, THAVANOOR,
MALAPPURAM, PIN - 679573
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WP(CRL.) NO. 996 OF 2025
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OTHER PRESENT:
SR PP SMT SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 996 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.996 of 2025
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Dated this the 06th day of August, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of Mandamus or any
other appropriate writ, order or direction to the 3 rd
Respondent to lift the condition whereby the
petitioner's husband is restricted from entering
into Agali Police Station limits.
ii. To grant any such other and further relief as this
Hon'ble court may deem fit in the facts and
circumstances of the case so as to meet the ends
of justice.
iii. To dispense with the production of English
Translation of vernacular documents in the writ
petition.
(SIC)
2. Petitioner is the wife of Convict No.151/2023 now
undergoing imprisonment at Central Prison and Correctional
Service, Tavanoor. He was sentenced to undergo rigorous
imprisonment for 7 years by the trial court. According to the
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petitioner, her husband is eligible for ordinary parole and as
per Ext.P1, he is released. The petitioner is aggrieved by one
of the conditions in Ext.P1 in which it is stated that the convict
shall not enter the jurisdictional limit of Agali Police Station.
Aggrieved by the same, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
4. The counsel for the petitioner reiterated the
contentions raised in this writ petition. The Public Prosecutor
submitted that the petitioner's husband is convicted in a case
in which a tribal was beaten to death. Most of the relatives of
the deceased is residing within the jurisdictional limit of Agali
Police Station. If the petitioner's husband is allowed to enter
the jurisdictional limit of Agali Police Station, there will be law
and order problem. Therefore such a condition is imposed in
Ext.P1.
5. This Court considered the contentions of the
petitioner and the Public Prosecutor. In a similar situation,
this Court passed a judgment in WP(Crl.) No.1008/2025. It
will be better to extract the relevant portion of that judgment:
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WP(CRL.) NO. 996 OF 2025
"4. Admittedly, the petitioner's son was granted
ordinary leave as per Ext.P1. The house of the
convict is situated within the jurisdiction of
Palakkad District. Now, a condition is imposed as
per Ext.P1 while granting the ordinary leave to the
effect that he shall not enter the jurisdiction where
his house is situated and he has to reside in his
relative's house. This Court directed the Public
Prosecutor to get instructions about the same. The
Public Prosecutor submitted that it is a political
murder and therefore, if the petitioner enters
Palakkad District, there may arise some law and
order problem. I cannot agree with the above stand
of the Police. Admittedly, the convict is undergoing
the sentence of imprisonment for life. He is getting
only a short time to spend with his family. During
that period, if such a condition is imposed, that will
curtail the right of a convict. A convict during the
period of ordinary leave can go to his house. If there
is any threat to the life of the convict, it is the duty
of the State to see that his life is protected. Since
the Public Prosecutor submitted that there is a
threat to the life of the convict and there is chance
for law and order problem, there can be a direction
to the petitioner to report before the jurisdictional
Station House Officer on the day on which he is
entering the Palakkad District. The Station House
Officer can make a surveillance to the area of the
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WP(CRL.) NO. 996 OF 2025
house of the convict, where he is residing till the
leave period is over. With that condition, I think the
condition in Ext.P1 can be lifted."
6. The same principle is applicable herein also. The
counsel for the petitioner also submitted that, after the alleged
incident, the trial was completed after about 5 years. During
that period, the petitioner's husband was staying in his house
situated in Agali Police Station limit. Considering the facts and
circumstances of the case, I think the similar direction in
WP(Crl.) No.1008/2025 can be passed in this case also.
Therefore, this writ petition is allowed of with following
directions:
1. The condition in Ext.P1 to the effect that
the petitioner shall not enter the
jurisdictional limit of Agali District is set
aside.
2. The petitioner is free to enter the
jurisdictional limit of Agali Police
Station. The day on which he is entering
the jurisdictional limit of Agali Police
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WP(CRL.) NO. 996 OF 2025
Station, he should report before the
Station House Officer, Agali Police
Station to report about his entry in that
jurisdiction.
3. The Station House Officer will see that
there is no threat to life of the convict
and there is no law and order problem
during the period in which the convict is
residing in his house.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2025:KER:58790
WP(CRL.) NO. 996 OF 2025
APPENDIX OF WP(CRL.) 996/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER KPCS/792/2025-
WP2 ISSUED BY THE 3RD RESPONDENT DATED
26.06.2025
