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Geetha M.K vs State Of Kerala
2025 Latest Caselaw 8449 Ker

Citation : 2025 Latest Caselaw 8449 Ker
Judgement Date : 8 September, 2025

Kerala High Court

Geetha M.K vs State Of Kerala on 8 September, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
                                               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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