Kerala High Court
Radha vs State Of Kerala on 25 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(CRL.) NO. 887 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(CRL.) NO. 887 OF 2025
PETITIONER:
RADHA
AGED 50 YEARS
PADINJAMURI, KARAPOTTA, KANNAMBRA, PALAKKAD, PIN - 678686
BY ADVS.
SHRI.JERRY MATHEW
SMT.DEVIKA K.R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
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
PP SRI SANAL P RAJ
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 887 OF 2025
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P.V.KUNHIKRISHNAN, J.
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W.P. (Crl) No.887 of 2025
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Dated this the 25th day of July, 2025
JUDGMENT
The Writ Petition (Criminal) is filed with the following
prayers:
I. Issue a writ in the nature of Mandamus or any other
appropriate writ, order or direction to the 3rd Respondent to
grant special leave to the petitioner (Midhun, Convict No.
86/2022), Central Prison & Correctional Home, Thavanur,
who is undergoing incarceration,to visit his ailing father and
do the needful, in accordance with law.
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. The petitioner is the mother of convict No.86/2022,
who is undergoing imprisonment for life at Central Prison
and Correctional Services, Thavanoor. The father of the
convict is seriously laid up. Ext.P1 is the medical
certificate issued by the Civil Surgeon. The convict filed
an application for emergency leave to see his father. The
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same is rejected as per Ext.P3, stating that if the convict
is released on emergency leave, there will be a law and
order problem. Aggrieved by the same, the writ petition is
filed.
3. Heard learned counsel for the petitioner and the
learned Public Prosecutor.
4. The learned counsel for the petitioner reiterated
the contentions raised in this writ petition. The counsel
also relies on the judgment of this Court in the case of
Rama v. State of Kerala [ 2023 KHC 851].
5. The learned Public Prosecutor supported Ext.P3
order and submitted that if he is released on emergency
leave, there is a chance for law and order problem.
6. This Court considered the contention of the
petitioner and the learned Public Prosecutor. This Court
in Rama(supra) observed like this:
"11. I fail to understand the above report of the police
authorities. The petitioner's husband is seeking emergency
leave as per Rules, 2014 because his dwelling house is fully
collapsed. He is the family head and his presence is
necessary for getting some benefits which are sanctioned by
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the local panchayat in his name. At this stage the police says
that if the prisoner is released, there is a chance for political
and other law and order problems. That shows that the police
authorities cannot give protection to a prisoner who is
entitled to emergency leave as per R.400(1) (iii) of the Rules,
2014. This shows nothing but the incapacity of the police
authorities and not the ineligibility of the prisoner. If the
police authorities are not able to maintain law and order,
when a prisoner comes to his house on an emergency leave
to complete the preliminary steps to construct a shelter for
his family and children, that is a sad state of affair. I am of
the considered opinion that the petitioner's husband, C
No.102/22 is entitled to emergency leave under R.400(1)(iii)
of Rules, 2014 and if any law and order problem arises, when
the prisoner is on emergency leave, the District Police Chief,
Thrissur Rural will ensure protection to the prisoner. It is his
responsibility, because, he has submitted that, if the prisoner
is coming out, there is a chance for law and order problem.
If the District Police Chief, Thrissur Rural is not even able to
protect the life of a prisoner who is released on emergency
leave to take steps to complete a collapsed dwelling house,
he is not entitled to continue in that post."
7. There is no dispute that the father of the convict is
laid up. Even as per Ext.P3, there is no case for the Jail
Authorities that the convict is not entitled for emergency
leave. The only reason stated is that there will be a law
and order problem if the convict is released. According to
me, that is not a reason to reject the application for
emergency leave. It is the duty of the State to see that the
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life of the convict is protected. The prayer of the convict
is to see his father, who is laid up seriously. I am of the
considered opinion that the Jail Authorities should grant
emergency leave to the petitioner's son.
The writ petition is allowed in the following manner:
1. Ext.P3 is set aside. The 3rd respondent is
directed to release the convict No.86/2022
Mithun, S/o.Radhakrishnan, on emergency
leave for a period of ten days on usual terms.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
AP
WP(CRL.) NO. 887 OF 2025
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APPENDIX OF WP(CRL.) 887/2025
PETITIONER EXHIBITS
Exhibit P1 THE MEDICAL CERTIFICATE ISSUED BY DR. JAYANT V. R,
CIVIL SURGEON, HEALTH SERVICES DEPARTMENT
SIGNIFYING THE SAME DATED 25.03.2025
Exhibit P2 A COPY OF THE DISCHARGE CERTIFICATE
Exhibit P3 A COPY OF THE ORDER KPCS/CP/TVNR/1473/2023-R4
DATED 11.04.2025
