Kerala High Court
Rasheed @ Sudani Rasheed vs The Superintendent on 13 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
WP(CRL.) NO. 1239 OF 2025
SC NO.99 OF 2013 OF ASSISTANT SESSIONS COURT/SUB
COURT/COMMERCIAL COURT, MANJERI
PETITIONER(S):
RASHEED @ SUDANI RASHEED
AGED 36 YEARS
S/O ABDUL HAMEED, MUNDASSERI HOUSE, KUNIYIL,
ANWAR NAGAR, KEEZHUPARAMBA POST, MALAPPURAM,
PIN - 673639
BY ADVS.
SHRI.SUNNY MATHEW
SMT.BHAVANA K.K
RESPONDENT(S):
1 THE SUPERINTENDENT
CENTRAL PRISON, KANNUR, PIN - 670001
2 THE DEPUTY SUPERINTENDENT OF POLICE
NARCOTIC CELL, MALAPPURAM DISTRICT, PIN - 676509
3 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
BY ADV. SRI.HRITHWICK C.S., SENIOR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.10.2025, ALONG WITH WP(Crl.).1254/2025,
1314/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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2025:KER:75629
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
WP(CRL.) NO. 1254 OF 2025
SC NO.99 OF 2013 OF ADDITIONAL SESSIONS COURT
(ADHOC) III, MANJERI
PETITIONER(S):
MADHURAKUZHIYAN MAHZOOM
AGED 38 YEARS
S/O ALIMON, VADAKKECHALI HOUSE, KUNIYIL,
MALAPPURAM, PIN - 673639
BY ADVS.
SHRI.SUNNY MATHEW
SMT.BHAVANA K.K
RESPONDENT(S):
1 THE SUPERINTENDENT, CENTRAL PRISON &
CORRECTIONAL HOME, KANNUR, PIN - 670004
2 THE DEPUTY SUPERINTENDENT OF POLICE
NARCOTIC CELL, MALAPPURAM DISTRICT, PIN - 676509
3 STATE OF KERALA
REPRESENTED BY REP. BY THE CHIEF SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
SHRI.SAJJU.S.
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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SMT. SEETHA S., SENIOR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.10.2025, ALONG WITH WP(Crl.).1239/2025
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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2025:KER:75629
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
WP(CRL.) NO. 1314 OF 2025
CRIME NO.250/2011 OF Kathirur Police Station, Kannur
PETITIONER(S):
PREMA M
AGED 65 YEARS
W /O BABU PRANUBA NIVAS VENDUTTAYI,
PINARAYI( PO) KANNUR -, PIN - 670741
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -,
PIN - 695001
2 THE ADDITIONAL CHIEF SECRETARY (HOME)
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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3 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES
JAIL HEADQUARTERS, POOJAPURA, THIRUVANANTHAPURAM
PIN - 695012
4 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME, KANNUR,
PIN - 670004
BY ADV.
SR PP, SMT. SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.10.2025, ALONG WITH WP(Crl.).1239/2025
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) Nos.1239, 1254 & 1314 of 2025
-------------------------------
Dated this the 13th day of October, 2025
JUDGMENT
The above Writ Petitions are connected and a
common issue is to be decided in these cases. Therefore I
am disposing of these Writ Petitions by a common
judgment.
2. W.P.(Crl.) Nos.1239 & 1254 of 2025 are
filed by the convicts who are undergoing imprisonment at
Central Prison, Kannur. The parents of the convicts are
laid up, and therefore the petitioners in W.P.(Crl.)
Nos.1239 & 1254 of 2025 want an emergency leave. As
far as W.P.(Crl.) No.1314 of 2025 is concerned, the son of
the petitioner is the convict. In the above case, the
petitioner is laid up and she wants the presence of her
son. Hence these Writ Petitions (Crl.) are filed.
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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3. Heard the learned counsel appearing for
the petitioners and the learned Public Prosecutor.
4. The Public Prosecutor opposed the prayers
in these Writ Petitions mainly for the reason that, as per
Rule 403 (1) of the Kerala Prisons and Correctional
Services (Management) Rules, 2014, for releasing convicts
on emergency leave based on the illness of the relatives, a
certificate from the Medical Officer not below the rank of a
Civil Surgeon is mandatory. No such certificate is
produced by the convicts in these cases.
5. There is no dispute to the fact that the
parents of the convicts are suffering from illness. The
parents of the petitioners in W.P.(Crl.) Nos.1239 & 1254 of
2025 are treated in a private hospital. As far as the
petitioner in W.P.(Crl.) No.1314 of 2025 is concerned, she
is treated in ESI Hospital. In such circumstances, it is
submitted that they are not in a position to furnish a
medical certificate from a Medical Officer not below the
rank of a Civil Surgeon. They produced certificates from
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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the hospital where they are treated. I am of the
considered opinion that if a sick person is treated at a
private hospital, he may not get a certificate from a
Government Civil Surgeon. There is no dispute to the fact
that the parents of the convicts are suffering from illness.
In such circumstances, I am of the considered opinion that
this Court can invoke the extraordinary jurisdiction to
release the convicts taking it as a special case.
Therefore, these Writ Petitions (Crl.) are disposed of
in the following manner:
1. The petitioners in W.P.(Crl.) Nos.1239 & 1254 of
2025 shall be released on emergency leave for a
period of one week, on executing a bond for
Rs.1,00,000/- (Rupees One lakh only) each with
two solvent sureties for the like sum each to the
satisfaction of the jail authorities.
3. The son of the petitioner in W.P.(Crl.) No.1314 of
2025 shall be released on emergency leave for a
period of one week, on executing a bond for
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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Rs.1,00,000/- (Rupees One lakh only) with two
solvent sureties for the like sum each to the
satisfaction of the jail authorities.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
Judgment reserved NA
Date of Judgment 13.10.2025
Judgment dictated 13.10.2025
Draft Judgment placed 13.10.2025
Final Judgment uploaded 13.10.2025
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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APPENDIX OF WP(CRL.) 1239/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE
OF THE PETITIONER'S FATHER DATED
20.06.2025
EXHIBIT P2 TRUE COPY OF THE ORDER DATED
22.08.2025
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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APPENDIX OF WP(CRL.) 1254/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 13.09.2025 ISSUED FROM ASTER
MOTHER HOSPITAL
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 22.08.2025 ISSUED FROM ASTEN
ORTHO PRIVATE LIMITED
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
12.09.2025 ISSUED BY THE 1ST
RESPONDENT
W.P.(Crl.).Nos.1239, 1254 & 1314 of 2025
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APPENDIX OF WP(CRL.) 1314/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE MOTHER OF THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE
OF THE PETITIONER
EXHIBIT P3 RUE COPY OF THE REPRESENTATION MADE BY
THE PETITIONER DATED 23.09.2025
EXHIBIT P4 THE TRUE COPY OF THE ORDER PASSED BY
THE 4TH RESPONDENT
