Kerala High Court
Shafeena P H vs State Of Kerala on 10 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.689 of 2025
1
2025:KER:40489
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(CRL.) NO. 689 OF 2025
CRIME NO.771/2017 OF Kuzhalmannam Police Station, Palakkad
PETITIONER(S):
SHAFEENA P H
AGED 44 YEARS, W/O RASHEED K, GREEN HOUSE, RIYARIYATHIL
KALAM, KALAPPETTY P.O, KUZHALMANNAM, PALAKKAD DISTRICT,
KERALA, PIN - 678702
BY ADVS.
SRI.P.K.VARGHESE
SHRI.M.T.SAMEER
SHRI.JERRY MATHEW
SHRI.JUSTIN K.K.
SMT.DEVIKA K.R.
SMT.SAWPARNIKA RAJU
SHRI.SIYAD UMMER
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,HOME DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM, PIN - 682031
2 DIRECTOR GENERAL OF PRISONS & CORRECTION SERVICES
PRISON HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,
PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME, THAVANUR.,
PIN - 679573
BY ADV.:
SRI. HRITHWIK CS-SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.).No.689 of 2025
2
2025:KER:40489
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(Crl.) No.689 of 2025
----------------------------------------
Dated this the 10th day of June, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the following
reliefs:
"I: Issue a writ in the nature of Mandamus or any other
appropriate writ. order, or direction to the 3rd Respondent
to take the decision on Exhibit P1 representation without
any delay, by 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 to meet the ends of justice.
III. To dispense with the production of the English
Translation of vernacular documents in the writ
petition."[SIC]
2. The petitioner is the wife of convict No.491/23, who is
undergoing imprisonment at Central Prison and Correctional
Home, Thavanur. He is sentenced to undergo imprisonment for
life as per the judgment in SC No.59/2018 of the Additional
2025:KER:40489
District and Sessions Court - III, Palakkad.
3. The son of the petitioner and the convict completed
10th standard with high mark. The petitioner's son is eligible for
higher studies. The petitioner seeks parole for her husband for
arranging admission to her child for higher studies. The same
is rejected by the jail authorities stating that there is no
provision for such a release. Hence, this writ petition is filed.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. When this writ petition came up for consideration, this
Court directed the petitioner to produce the mark list of the son
of the petitioner and the convict. Today, the mark list is
produced as Ext.P2. A perusal of the same would show that the
child of the petitioner and the convict obtained six A+ and two A
grade in SSLC examination. Such a bright student seeking the
help of his father to get admission in a plus two course after
arranging fees and other things. This Court cannot keep its eyes
shut to such request from a convict. The basic rights of the
2025:KER:40489
convict includes the right of a father to get good education to
his child. A father's presence plays a vital role in child's higher
education journey by offering emotional support, guidance and
mentorship. It is true that, when a convict is in jail, the convict
will loose some of his rights. But, the child of the convict should
get the presence of his father for few days for a successful
education year. Let the bright child of the convict, namely
Shahansha Rasheed, who secured six A+ in SSLC examination,
spend a few days with his father. Shahansha Rasheed should go
to the plus two course after getting blessings from his parents
with a smile on their face. Let the almighty give blessings to
Shahansha Rasheed for a bright future. I think, the petitioner's
husband should be given emergency leave for a period of seven
days.
Therefore, this writ petition is disposed of with the following
directions:
1. The petitioner's husband Rasheed son of Khader
Moidheen (convict No.491/23) shall be released
2025:KER:40489
on emergency leave for a period of one week
from 12.06.2025 to 18.06.2025 on condition that
the convict will execute a bond for Rs.1,00,000/-
(Rupees One Lakh Only) with two solvent
sureties each for the like sum, to the satisfaction
of the jail authorities.
2. The petitioner shall return back to the jail at
04.00 PM on 18.06.2025.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
2025:KER:40489
APPENDIX OF WP(CRL.) 689/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER BY KERALA PRISONS
AND CORRECTIONAL SERVICES DATED 19.05.2025
EXHIBIT P2 A TRUE COPY OF THE PROVISIONAL MARKLIST OF
THE PETITIONER'S SON DOWNLOADED FROM THE
OFFICIAL WEBSITE
//TRUE COPY//
PA TO JUDGE
