Jaseela vs The Secretary on 26 October, 2023

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Kerala High Court

Jaseela vs The Secretary on 26 October, 2023

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                  WP(CRL.) NO. 1031 OF 2023
PETITIONER:

          JASEELA
          AGED 35 YEARS
          W/O ABDUL RAHIMAN @ BASHA, ARANJIKKAL HOUSE,
          AMBALAVATTOM POST, PANAMANNA,
          PALAKKAD DISTRICT, PIN - 679501
          BY ADVS.P.MOHAMED SABAH
          LIBIN STANLEY
          SAIPOOJA
          SADIK ISMAYIL
          R.GAYATHRI
          M.MAHIN HAMZA
          ALWIN JOSEPH

RESPONDENTS:

    1     THE SECRETARY
          HOME DEPARTMENT, STATE OF KERALA, SECRETARIAT,
          THIRUVANATHAPURAM, PIN - 695001
    2     DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
          SERVICES
          PRISONS HEADQUARTERS, POOJAPPURA,
          THIRUVANANTHAPURAM, PIN - 695012
    3     THE SUPERINTENDENT
          CENTRAL PRISON, THAVANOOR,
          MALAPPURAM DISTRICT, PIN - 679573
    4     THE STATION HOUSE OFFICER
          OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT
          PIN - 679101
          BY ADVS.ADVOCATE GENERAL OFFICE KERALA
          DIRECTOR GENERAL OF PROSECUTION(AG-10)
          P.NARAYANAN, SENIOR G.P. AND ADDL.PP
          SRI HRITHWIK PP


    THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(Crl.) No.1031 of 2023

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                        P.V.KUNHIKRISHNAN, J.
                         --------------------------------
                       W.P.(Crl.) No.1031 of 2023
                  ----------------------------------------------
                Dated this the 26th day of October, 2023


                                  JUDGMENT

This writ petition (criminal) is filed with following prayers:

i. Pass a Writ of Mandamus or any other appropriate Writ directing the respondent no. 1 to 3 to release Abdul Rahiman @ Basha (C No.114/2022) on ordinary leave/parole of thirty days within a reasonable time fixed by this honourable court.

ii. Pass an Order releasing Abdul Rahiman @ Basha (C No.114/2022) on Ordinary Leave/Parole of thirty days.

iii. Pass such other Order as this Honourable Court deems fit in the facts and circumstances of the case. [SIC]

2. This writ petition is filed seeking a direction to the respondents to release the petitioner's husband, who is a W.P.(Crl.) No.1031 of 2023 3 convict in a criminal case, on ordinary leave/parole, for thirty days.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. After hearing both sides, I think this writ petition can be disposed of allowing the husband of the petitioner to file a fresh application for ordinary leave.

Therefore, this writ petition (criminal) is disposed of in the following manner:

1. The petitioner's husband is free to submit an application for ordinary leave before the 3 rd respondent, within one week from the date of receipt of a stamped certified copy of this judgment.

2. If such an application is received, the 3rd respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within two weeks from the date of receipt of the application and communicate the same to the husband of the petitioner.

W.P.(Crl.) No.1031 of 2023

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3. While deciding the matter, the 3rd respondent will also consider the dictum laid down by this Court in Ext.P2 judgment.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(Crl.) No.1031 of 2023 5 APPENDIX OF WP(CRL.) 1031/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 18.01.2022 IN SC NO. 630/2020 PASSED BY THE ADDITIONAL SESSIONS COURT, OTTAPPALAM Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 03.03.2023 IN WP (CRL) NO.1238/2022 PASSED BY THIS HON'BLE COURT

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