Kerala High Court
Aswathy P V vs State Of Kerala on 26 June, 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(CRL.) NO. 738 OF 2025
CRIME NO.568/2017 OF MAVELIKKARA POLICE STATION, ALAPPUZHA
SC NO.345 OF 2017 OF FAST TRACK SPECIAL COURT, HARIPAD
PETITIONERS:
ASWATHY P V,
AGED 29 YEARS
W/O.GIREESH, SIVAKRIPA VEEDU FROM BINDU BHAVANAM,
KURUVIKKAD COLONY, KANDIYOOR MURI, MAVELIKKARA,
ALAPPUZHA DISTRICT, PIN - 690103
BY ADVS.
SRI.P.S.ANISHAD
SMT.LIMNA BHASKARAN
SMT.K.K.SHEEBA
SMT.ARCHANA MITHRAN O.K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE SUPERINTENDENT OF CENTRAL PRISON, CENTRAL PRISON,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
3 THE STATION HOUSE OFFICER,
MAVELIKARA POLICE STATION, ALAPPUZHA DISTRICT,
PIN - 690101
SMT PUSHPALATHA M.K., SR PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 26.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(Crl) 738/2025
2
JUDGMENT
The petitioner is the wife of the life convict in SC No.345/2017 on the
files of Fast Track Special Court, Haripad. Her husband is undergoing
sentence awarded in the said case at Central Prison and Correctional Home
at Thiruvananthapuram. The prayer in this petition is for a direction to the
2nd respondent to release the petitioner's husband on interim bail for a
period of two months to take care of her during the period of isolation
pursuant to radiation treatment being undergone by her for Thyroid Cancer.
2. The medical records produced by the petitioner would
substantiate her contention that she has been suffering from Thyroid Cancer
and is undergoing radiation treatment for the same. It is stated that the
petitioner has to stay away from her children for three weeks to avoid health
hazards to those children. Thus, the release of the petitioner's husband from
the prison is sought to take care of her during the above period of three
weeks.
3. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
4. The prayer of the petitioner for the release of the prisoner is
strongly opposed by the learned Public Prosecutor.
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WP(Crl) 738/2025
5. The learned Public Prosecutor submitted that as per the rules,
emergency leave could be granted, if only, it is shown that the close relatives
of the prisoner are in critical stage due to the ailments suffered by them.
Thus, it is contended that the request of the petitioner's husband for
emergency leave was rejected by the 2nd respondent.
6. The learned counsel for the petitioner submitted that the
question whether the petitioner is suffering from critical ailment or not, is
irrelevant in the facts and circumstances mentioned in this petition.
According to the learned counsel for the petitioner, emergency leave is
sought for the husband of the petitioner to ensure the safety of her children,
who are likely to be affected by the disastrous consequences of radiation, if
they happen to mingle with the petitioner during the period of three weeks
of isolation.
7. The learned counsel for the petitioner has placed before me a
treatment certificate issued by the Consultant of Nuclear Medicine of
St.Gregorios Medical Mission Multi-Speciality Hospital, Parumala, Thiruvalla,
stating that the High Dose Radio-Iodine therapy treatment of the petitioner is
planned from 25.06.2025 for two days, and that she will be discharged on
27.06.2025. It is also stated in the aforesaid certificate that the petitioner
will have to be in isolation for a period of three weeks as part of the radiation
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WP(Crl) 738/2025
safety precaution (isolation from children, pregnant women and refrain from
cooking) and continue rest for a period of one week to recover from
hypothyroidism. It is true that the aforesaid certificate has been issued from
a private hospital. The learned counsel for the petitioner submitted that the
petitioner was constrained to approach the private hospital due to the delay
that may occur in getting treatment from the Government Medical College, to
which she would be referred from RCC.
8. Having regard to the above peculiar situation, I deem it
appropriate to pass order directing the 2nd respondent to grant emergency
leave to the husband of the petitioner (convict in SC No.345/2017 on the files
of Fast Track Special Court, Haripad, which arose out of Crime No.568/2017
of Mavelikkara Police Station) for a period of three weeks from 27.06.2025.
In the result, the petition stands allowed as follows:
(i) The convict in SC No.345/2017 on the files of Fast Track Special
Court, Haripad, which arose out of Crime No.568/2017 of Mavelikkara Police
Station, is ordered to be released on emergency leave from 27.06.2025 to
17.07.2025, on execution of bond for Rs.1 lakh (Rupees One lakh only) with
two solvent sureties each for the like amount to the satisfaction of the
Superintendent of the jail concerned.
(ii) The convict shall not leave the State of Kerala during the above
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period.
(iii) The convict shall not involve in any other offence during the
above period of leave, or try to contact the victim's relatives.
(iv) The convict shall report before the Superintendent of Prison
concerned on or before 10 am on 18.07.2025.
(v) The Superintendent of Prison concerned shall forward a report
to this Court about the release of the petitioner's husband as well as his
reporting back before the prison, within a period of one week from
18.07.2025.
Sd/-
G.GIRISH
JUDGE
IAP
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WP(Crl) 738/2025
APPENDIX OF WP(CRL.) 738/2025
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE TREATMENT PLAN ISSUED BY
THE REGIONAL CANCER CENTRE,
THIRUVANANTHAPURAM
Exhibit P2 A COPY OF THE TREATMENT CERTIFICATE OF
REGIONAL CANCER CENTER DATED 16/05/2025
Exhibit P3 A TRUE COPY OF THE REFERRING REPORT OF
REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM
DATED 16/5/2025
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER DATED
05/01/2023 OF THIS HON'BLE COURT IN CRL.
M.APPL. NO. 2/2022 IN CRL.A. NO. 174/2022
Exhibit P5 A TRUE COPY OF THE ORDER DATED 17/02/2023 IN
CRL.M.APPL NO.1/2023 IN CRL.A.174/2022 BY
THIS HON'BLE COURT
Exhibit P6 A TRUE COPY OF THE ORDER DATED 23/02/2023 IN
CRL.M.APPL NO.1/2023 IN CRL.A.174/2022 BY
THIS HON'BLE COURT
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER IN WP (CRL)
NO.583/2024 DATED 05.06.2024 PASSED BY THIS
HON'BLE COURT
Exhibit P8 A TRUE COPY OF THE JUDGEMENT IN
WP(CRL).624/2025 OF THE HON'BLE COURT DATED
27.05.2025
Exhibit P9 A TRUE COPY OF THE ORDER NO.
CPS-4675/EL/2025/CPTVM DATED 10.06.2025
