Kerala High Court

Thressiamma Jose vs State Of Kerala on 6 May, 2025

                                                  2025:KER:33589
WP(CRL.) NO. 536 OF 2025
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

   TUESDAY, THE 6TH DAY OF MAY 2025 / 16TH VAISAKHA, 1947

                       WP(CRL.) NO. 536 OF 2025

    CRIME NO.272/2000 OF Kalady Police Station, Ernakulam

PETITIONER(S):

             THRESSIAMMA JOSE
             AGED 70 YEARS
             W/O JOSE, MADASSERY HOUSE, MANJAPRA P.O,
             ERNAKULAM DISTRICT, KERALA, PIN - 683574


             BY ADVS.
             P.K.VARGHESE
             M.T.SAMEER
             DHANESH V.MADHAVAN
             JERRY MATHEW
             DEVIKA K.R.
             REGHU SREEDHARAN
             SIYAD UMMER


RESPONDENT(S):

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY, THE MINISTRY OF
             HOME DEPARTMENT, THIRUVANANTHAPURAM, PIN -
             695001

     2       THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
             SERVICES
             JAIL HEADQUARTERS, POOJAPPURA
             THIRUVANANTHAPURAM, PIN - 695001

     3       THE SUPERINTENDENT
             CENTRAL PRISON, VIYYUR, THRISSUR, KERALA, PIN -
             680010
                                                            2025:KER:33589
WP(CRL.) NO. 536 OF 2025
                                     2


             SR PP - NOUSHAD K A

      THIS    WRIT    PETITION     (CRIMINAL)     HAVING    COME   UP   FOR
ADMISSION     ON     06.05.2025,    THE   COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                              2025:KER:33589
WP(CRL.) NO. 536 OF 2025
                                       3


                                JUDGMENT

Dated this the 06th day of May, 2025

This writ petition is filed by the mother of convict No.4028, who

is presently undergoing life imprisonment in Central Prison and

Correctional Services, Viyyur. She seeks an emergency leave for

her son to attend the Silver Jubilee function of receiving the

priesthood of his cousin brother and the holy mass in connection

with the same, which will be held on 11.05.2025.

2. Heard the learned counsel appearing for the petitioner

as well as the learned Public Prosecutor.

3. The learned counsel for the petitioner pointed to Ext.P1

invitation card of the event proposed to be held on 11.05.2025, and

submitted that the application preferred by the petitioner's son

seeking emergency leave had been rejected vide Ext.P2 order dated

25.04.2025. He submits that there had been no complaint regarding

the conduct of the convict whenever he was released on parole, nor

has he committed breach of any condition of release. Ext.P2 is

challenged placing reliance on the dictum laid down by the Hon'ble

Supreme Court in Poonam Lata v. M.L.Wadhawan and others 2025:KER:33589 WP(CRL.) NO. 536 OF 2025

[(1987) 3 SCC 347]; Asfaq v. State of Rajasthan and others

[(2017) 15 SCC 55] and on the judgments rendered by this Court in

Sandhya v. Secretary, Home Department and others

[W.P.Crl.No.314/2023] and B.G.Krishna Murthy v. Union of India

and others [(2025) SCC OnLine KER 464].

4. Per contra, the learned Public Prosecutor submitted that

emergency leave as sought by the petitioner cannot be granted to

the convict as per the relevant Rules and Ext.P2 order rejecting the

application is proper and valid.

5. I find merit in the submission of the Public Prosecutor

that Rule 400 (i), (ii) and (ii) of the Kerala Prisons and Correctional

Services (Management) Rules, 2014 does not envisage the grant of

emergency leave for the purpose as sought by the convict. Hence

Ext.P2 order refusing the application for emergency leave cannot be

termed as unsustainable. However, I note that Section 79 of the

Kerala Prisons and Correctional Services (Management) Act, 2010

stipulates of escort visit for prisoners who are not eligible for

emergency leave, to visit relatives etc., under escort, on such

circumstances as prescribed in the relevant Rules. Rule 415 of the 2025:KER:33589 WP(CRL.) NO. 536 OF 2025

Kerala Prisons and Correctional Services (Management) Rules,

2014 also speaks of the entitlement and modalities for providing

such an escort visit. I note that the Hon'ble Supreme Court has in

Asfaq's case (supra) while stressing on the reformative theory of

punishment, held that administrators ought to encourage those

offenders who demonstrate a commitment to reconcile with society

and whose behaviour reveals that they aspire to live as law-abiding

citizens and opined as follows:

"Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Thus, redemption and rehabilitation of such prisoners for good of societies must receive due weightage while they are undergoing sentence of imprisonment."

6. In the facts and circumstances of this case, after hearing

the parties, I deem it fit to dispose of this writ petition with the

following directions:

(i) If the petitioner or the convict prefers an application

seeking an escort visit to attend the event mentioned in

Ext. P1, the 3rd respondent shall expeditiously consider the

same and enable an escort visit to the convict to attend the 2025:KER:33589 WP(CRL.) NO. 536 OF 2025

said event on 11.05.2025 as envisaged under Section 79

of the Kerala Prisons and Correctional Services

(Management) Act, 2010 and Rule 415 of the Kerala

Prisons and Correctional Services (Management) Rules,

2014.