Citation : 2025 Latest Caselaw 8449 Ker
Judgement Date : 8 September, 2025
2025:KER:66436
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(CRL.) NO. 1136 OF 2025
PETITIONER/S:
1 GEETHA M.K
AGED 52 YEARS
W/O. GANGADHARAN NAIR, ADUKKADUKKAM HOUSE,
KANHIRADUKKAM P.O, ANANDASHRAMAM (VIA) KASARAGOD,
PIN - 671531
2 SOBHANA K.V
AGED 47 YEARS
W/O. RAVEENDRAN K, THANNITHODU, EACHILADUKKAM,
PERIYA P.O, PALLIKKARA (VIA) , KASARAGOD,
PIN - 671316
3 RAMANI T
AGED 60 YEARS
W/O. T. KANNAN, KANNOTH HOUSE, THANNATHINKAL,
KANHIRADUKKAM P.O, ANANDASHRAMAM (VIA) ,
KASARAGOD, PIN - 671531
4 THAMBAYI
AGED 80 YEARS
W/O. LATE NARAYANAN, VENGAYUDAKKAM HOUSE,
EACHILADUKKAM, PERIYA P.O, KASARAGOD,
PIN - 671316
5 KARTHYAYANI A
AGED 55 YEARS
W/O. KUNHIKANNAN, KUNDAMKUZHI HOUSE, MALAMKADU,
BEDADUKKA, KASARAGOD, PIN - 671541
BY ADVS.
SHRI.K.S.MADHUSOODANAN
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
2025:KER:66436
WP(CRL) NO.1136 OF 2025
2
SRI.K.S.MIZVER
SHRI.M.J.KIRANKUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES
KERALA PRISONS AND CORRECTIONAL SERVICES
DEPARTMENT, GOVERNMENT OF KERALA, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695012
3 SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME,
PALLIKKUNNU, KANNUR, PIN - 670004
SR PP SMT SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 08.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:66436
WP(CRL) NO.1136 OF 2025
3
P.V. KUNHIKRISHNAN, J.
-----------------------------------
W.P (Crl) No.1136 of 2025
-----------------------------------
Dated this the 08th day of September, 2025
JUDGMENT
The above Writ Petition (Crl) is filed with the following
prayers:
" i. Call for records connecting Exhibits.P1 to P13 from the respondents concerned;
ii. Issue Writ of Mandamus directing respondents 2 and 3 to grant first ordinary leave for 30 days to petitioners' sons' Gijin. G (C-16/25); Sreerag R (C- 17/25); Ranjith (C-15/25); Peethambaran (C-21/25) and Aswin A (C-20/25), undergoing life imprisonment in Central Prison and Correctional Home, Kannur."
[SIC]
2. The common grievance of the petitioners in this writ
petition is that, their children are undergoing imprisonment and
they are entitled to ordinary leave. The co-accused were already
granted ordinary leave, and the children of the petitioners were
not granted leave, is the grievance. This Court directed the Public
Prosecutor to get instructions. The Public Prosecutor submitted
that the applications are pending before the 2 nd respondent for
consideration.
3. If the petitioners' children are entitled to ordinary leave,
the 2nd respondent should pass appropriate orders in it forthwith.
2025:KER:66436 WP(CRL) NO.1136 OF 2025
The ordinary leave application cannot be kept pending indefinitely.
Therefore, there can be a direction to the 2 nd respondent to pass
appropriate orders within two weeks from the date of receipt of a
copy of this judgment.
Therefore, this Writ Petition (Crl) is disposed of with the
following directions:
1. The 2nd respondent is directed to pass final orders in
the application for leave of the children of the
petitioners (C-15/2025, C-16/2025, C-17/2025,
C-20/2025 & C-21/2025), as expeditiously as possible,
at any rate within a period of two weeks from the date
of receipt of a copy of this judgment.
2. The petitioners will produce a copy of this writ
petition, along with the judgment before the 2nd
respondent, for compliance.
3. The 2nd respondent will communicate the action
taken in the application to the petitioners during the
above period itself.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SSG 2025:KER:66436 WP(CRL) NO.1136 OF 2025
APPENDIX OF WP(CRL.) 1136/2025
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 28-07-2025 Exhibit P2 PHOTOCOPY OF THE REPLY TO THE 1ST PETITIONER BEARING NO.
KPCS/CP/KNR/117/2025-R4 DATED 16-08-2025 Exhibit P3 PHOTOCOPY OF FORWARDED APPLICATION FOR ORDINARY LEAVE DATED 11-08-2025 APPLIED BY GIJIN. G. Exhibit P4 PHOTOCOPY OF THE REPLY TO THE 2ND PETITIONER BEARING NO.
KPCS/CP/KNR/117/2025-R4 DATED 16-08- 2025.
Exhibit P5 PHOTOCOPY OF THE FORWARDED APPLICATION FOR ORDINARY LEAVE DATED 11-08-2025 APPLIED BY SREERAG R. Exhibit P6 PHOTOCOPY OF THE REPLY TO THE 3RD PETITIONER BEARING NO.
KPCS/CP/KNR/117/2025-R4 DATED 16-08-2025 Exhibit P7 PHOTOCOPY OF THE FORWARDED APPLICATION FOR ORDINARY LEAVE DATED 11-08-2025 APPLIED BY RANJITH.
Exhibit P8 PHOTOCOPY OF THE REPLY TO THE 4TH
PETITIONER BEARING NO.
KPCS/CP/KNR/117/2025-R4 DATED 16-08-2025 Exhibit P9 PHOTOCOPY OF THE FORWARDED APPLICATION FOR ORDINARY LEAVE DATED 11-08-2025 APPLIED BY PEETHAMBARAN Exhibit P10 PHOTOCOPY OF THE REPLY TO THE 5TH PETITIONER BEARING NO.
KPCS/CP/KNR/117/2025-R4 DATED 16-08- 2025.
Exhibit P11 PHOTOCOPY OF THE FORWARDED APPLICATION FOR ORDINARY LEAVE DATED 11-08-2025 APPLIED BY ASWIN A. Exhibit P12 PHOTOCOPY OF THE ORDER BEARING NO CPK/R22/25 (17- 33) DATED 17-07-2025 Exhibit P13 PHOTOCOPY OF THE ORDER BEARING NO /KPCS/4829/2025- WP2 DATED 26-07-2025.
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