Malathi N vs State Of Kerala
2025 Latest Caselaw 204 Ker

Kerala High Court

Malathi N vs State Of Kerala on 13 May, 2025

WP(CRL.) NO. 439 OF 2025          1




                                               2025:KER:33743
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

  TUESDAY, THE 13th DAY OF MAY 2025 / 23RD VAISAKHA, 1947


                     WP(CRL.) NO. 439 OF 2025

  CRIME NO.307/2008 OF KASARAGOD POLICE STATION, KASARGOD

PETITIONER:

           MALATHI N
           AGED 39 YEARS
           W/O SHIVAPRASAD K., BEHING GUP SCHOOL,
           ADKATHBAIL, THALIPADAPPU, KASARGOD, PIN - 671121


           BY ADVS.
           ARUN KRISHNA DHAN
           T.K.SANDEEP
           ARJUN SREEDHAR
           ALEX ABRAHAM
           HARIKRISHNAN P.B.
           SREELAKSHMI SHIBU
           AMJITH C.M.


RESPONDENTS:

           STATE OF KERALA
           REPRESENTED BY SECRETARY,
     1     DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
           THIRUVANATHAPURAM, PIN - 695001

           SUPERINTENDENT OF JAIL
     2     KANNUR CENTRAL PRISON, KANNUR, PIN - 670004
 WP(CRL.) NO. 439 OF 2025        2




                                                 2025:KER:33743

           SMT. REKHA. S. (PUBLIC PROSECUTOR).


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP          FOR
ADMISSION ON 13.05.2025, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 439 OF 2025               3




                                                       2025:KER:33743
                      MOHAMMED NIAS C. P. , J.
                      .................................................
                       W. P. (Crl) No.439 of 2025
                     .......................................................
                  Dated this the 13th day of May, 2025


                            JUDGMENT

The petitioner sought a special leave/parole to her husband,

who is undergoing incarceration pursuant to the order of conviction in

S.C. 937/2012 on the files of the Additional Sessions Judge-II, Kasargode

on the ground that her daughter is undergoing treatment for hearing,

as she suffered severe sensorineural hearing loss due to a fall when she

was one year old. The petitioner produced Exts.P3 and P4 certificates

from the Government Ayurveda College, Kannur, to substantiate the

medical condition and the treatment.

2. After hearing both sides and taking note of the documents

produced by the petitioner, which show the illness of the daughter and

the treatment, I am of the view that the impugned order cannot be

sustained, and the emergency leave sought by the petitioner has to be

granted.

2025:KER:33743

3. Accordingly, the second respondent is directed to grant

emergency leave to the convict for seven days from 14.05.2025 onwards,

in accordance with the rules.

The writ petition is disposed of as above.

SD/-

MOHAMMED NIAS C.P., JUDGE Anu

2025:KER:33743 APPENDIX OF WP(CRL.) 439/2025

PETITIONER EXHIBITS

TRUE COPY OF THE DISCHARGE SUMMARY Exhibit-P1 DATED 10.01.2018 ISSUED BY KMC HOSPITAL

TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. V.K.V. BALAKRISHNAN DATED Exhibit-P2 18.03.2025

TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER HEREIN Exhibit-P3 DATED 21.03.2025 BEFORE THE 2ND RESPONDENT

TRUE COPY OF THE ORDER ISSUED BY THE Exhibit-P4 2ND RESPONDENT DATED 31.03.2025

THE CASE SHEET ISSUED BY THE GOVERNMENT Exhibit P4 AYURVEDA COLLEGE, KANNUR

THE TREATMENT CERTIFICATE ISSUED BY MEDICAL OFFICER, GOVERNMENT AYURVEDA Exhibit P5 COLLEGE, KANNUR DATED 30.04.2024