Kerala High Court
Hafsath vs State Of Kerala on 9 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1206 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(CRL.) NO. 1206 OF 2025
CRIME NO.712/2022 OF Vazhakkad Police Station, Malappuram
AGAINST SC NO.274 OF 2023 OF FAST TRACK SPECIAL COURT II,
MANJERI
PETITIONER(S):
HAFSATH
AGED 42 YEARS
W/O ABDUL KAREEM, NANGACHAMKUZHI HOUSE, ANATHAYOOR,
VAZHAKKAD, MALAPPURAM DISTRICT, PIN - 673640
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SRI.BIBIN MATHEW
SRI.P.M.MATHEW
SRI.AMARNATH R LAL
SHRI.SANALDEV E.P.
SMT.VISHNUMAYA ANANDAN
SHRI.SONYMON ANTONY
SHRI.ABHIJITH P.A.
SMT.SHIFANA M.
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
W.P.(Crl.).No.1206 of 2025
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2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,
PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME, THAVANUR,
MALAPPURAM DISTRICT, PIN - 679573
4 THE STATION HOUSE OFFICER
VAZHAKKAD POLICE STATION, P.O, MALAPPURAM DISTRICT,
PIN - 673640
BY ADV.
SR PP, SMT. SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 09.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.).No.1206 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.1206 of 2025
-------------------------------
Dated this the 09th day of September, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the following
reliefs:
"1. Pass a Writ of Mandamus or any other appropriate
Writ, directing the respondent Nos. 1 to 3 to release the
husband of the petitioner 'Abdul Kareem S/o Saithalavi' in
Emergency Leave/Parole for fifteen (15) days as specified
under Rule 400 (1)(i) Kerala Prisons and Correctional Services
(Management) Rules, 2014, within a reasonable time fixed by
this Honourable Court;
2. Pass an Order releasing 'Abdul Kareem S/o
Saithalavi' on Emergency Leave/Parole of fifteen days;
3. Pass a Writ of Mandamus or any other appropriate
Writ directing the respondent no.3 to consider and dispose the
Exhibit-P3 application dated 02.09.2025 submitted by the
petitioner for getting emergency parole for her husband, within
a time frame fixed by this honourable court.
4. Dispense with the English translation of the
Exhibits, in the interests of justice;
5. Pass such other Order as this Honourable Court
deems fit in the facts and circumstances." [SIC]
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2. Petitioner's husband is a convict at Central Prison,
Tavanur. The sister of the petitioner's husband died on
28.08.2025. The petitioner's husband wants to participate in the
last rites in connection with the death of his sister. The petitioner
submitted Ext.P3 application before the 3rd respondent for
emergency leave. The grievance of the petitioner is that the same
is not considered. According to the petitioner, in a similar situation
this Court granted emergency leave as evident by Ext.P4
judgment. Hence, this Writ Petition (Crl.) is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
4. After hearing both sides, I think there can be a
direction to the 3rd respondent to consider Ext.P3 and pass
appropriate orders in it forthwith.
Therefore, this Writ Petition (Crl.) is disposed of in the
following manner:
1. The 3rd respondent is directed to consider and pass
appropriate orders in Ext.P3, as expeditiously as possible,
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at any rate, within a period of one week from the date of
receipt of a copy of this judgment.
2. The petitioner will produce a certified copy of this
judgment along with a copy of this Writ Petition with
exhibits before the 3rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
2025:KER:66660
APPENDIX OF WP(CRL.) 1206/2025
PETITIONER EXHIBITS
EXHIBIT-P2 TRUE COPY OF THE CERTIFICATE DATED
02.09.2025 ISSUED BY THE MEMBER OF VAZHAKKAD
GRAMA PANCHAYAT REPORTING THE DEATH OF
SHAHIDA
EXHIBIT-P3 TRUE COPY OF APPLICATION DATED 02.09.2025
SUBMITTED BY THE PETITIONER BEFORE THE THIRD
RESPONDENT.
EXHIBIT-P4 TRUE COPY OF THE JUDGEMENT DATED 07.11.2024
IN W.P (CRL) NO. 1117/2024 PASSED BY THIS
HONOURABLE COURT
