Sajimol M vs The Superintendent on 1 October, 2018

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Kerala High Court

Sajimol M vs The Superintendent on 1 October, 2018

Bench: K.Abraham Mathew

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

        MONDAY ,THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940

                         WP(C).No. 30095 of 2018


PETITIONER:

              SAJIMOL M,AGED 38 YEARS
              S/O.ABDULLA MOULAVI,VADAKKE VEEDU,
              VADUTHALA JETTY P.O., AROOKUTTY, CHERTHALA,
              ALAPPUZHA, PIN- 688 535

              BY ADVS.
              SRI.RENJITH B.MARAR
              SMT.LAKSHMI.N.KAIMAL

RESPONDENT:
              THE SUPERINTENDENT,
              OPEN PRISON AND CORRECTIONAL HOME, KOTTOOR P.O.,
              NETTUKALTHERY, THIRUVANANTHAPURAM,PIN- 695 574

              SR.PP.SUMAN CHAKRAVARTHY

   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
   01.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


                                 JUDGMENT

Petitioner is the sister of Muhammed Sali who has been undergoing imprisonment in Open Prison at Nettukalthery, Thiruvananthapuram as he was convicted of the offence under Section 302 and some other offences in S.C.No.436 of 2006 by the II Addl. WP(C).No. 30095 of 2018 2 Sessions Judge, Ernakulam. The petitioner filed an application to grant emergency parole to her brother since their mother has been seriously ill. It is submitted that Muhammed Sali also filed an application. The application have not been considered so far. The prayer of the petitioner is to direct the authority concerned to take a decision on Ext.P3 applicaation filed by the petitioner.

2. Heard the learned counsel for the petitioner and the learned senior Public Prosecutor.

3. The learned senior Public Prosecutor submits that Ext.P3 application was not considered because it is not supported by any meterials. He further submits that if supporting materials are furnished in view of the provision contained in Rule 403(1) of the Kerala Prisons and Correctional Services (Management) Rules a decision will be taken immediately.

In the result, this Writ Petition is disposed of directing the authorty concerned to dispose of Ext P3 application within seven days from the date of WP(C).No. 30095 of 2018 3 production of materials by the petitioner or her brother in support of the application for parole. The petitioner shall also produce a copy of this judgment. If the petitioner produces records relating to the treatment of her mother before the Superintendant, Taluk Head Quarters Hospital, Cherthala, the latter shall issue the certificate contemplated by Rule 403(1) of the Kerala Prisons and Correctional Services (Management) Rules. The certificate shall be issued within three days from the date of productiuon of the materials before the Superintendant of the Taluk Head Quarters Hospital, Cherthala.

Sd/-

K.ABRAHAM MATHEW JUDGE pm APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTO COPY OF THE PAROLE ORDER CERTIFICATE DATED 24.7.2018.

WP(C).No. 30095 of 2018 4

EXHIBIT P2 TRUE PHOTOSTAT COPIES OF THE MEDICAL RECORDS OF THE MOTHER OF THE PETITIONER.

EXHIBIT P3 TRUE PHOTOCOPY OF THE APPLICATION DATED 11.9.2018 FILED BY THE PETITIONER BEFORE THE RESPONDENT FOR EMERGENCY PAROLE.

   RESPONDENT'S EXHIBITS:         NIL




          // TRUE COPY//                        PA TO JUDGE

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