Kerala High Court
Thangam vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 969 OF 2024
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2024:KER:71960
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(CRL.) NO. 969 OF 2024
PETITIONER :
THANGAM
AGED 54 YEARS, W/O LATE BALAN,
CHUNDANKATTIL HOUSE, PARUTHIPARA,
SHORNUR, PALAKKAD, PIN - 679 121
BY ADVS.
SARUN RAJAN
ARCHANA HARIDAS K.
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
KERALA PRISONS AND CORRECTIONAL
SERVICES DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695 001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES
PRISONS HEADQUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695 012
3 THE SUPERINTENDENT
CENTRAL PRISON & AMP;
CORRECTION HOME VIYYUR, THRISSUR DISTRICT,
PIN - 680 010
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 969 OF 2024
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2024:KER:71960
BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.969 of 2024
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Dated this the 25th day of September, 2024
JUDGMENT
Petitioner's son is Convict No.5255 of the Central Prison, Viyyur. He was convicted in S.C.No.773 of 2012 on the files of the Assistant Sessions Court-IV, Thrissur, arising out of Crime No.114 of 2012 of the Wadakkanchery Police Station for the offence under Section 302 of the Indian Penal Code, 1860 and is undergoing life imprisonment. He has completed four years in prison. He challenges Ext.P2 order dated 21.02.2024 as per which ordinary leave was declined to him.
2. Sri.Saran Rajan, the learned counsel for the petitioner contends that as per Rule 397(1) of the Kerala Prisons and Correctional Services (Management) Rules, 2014, a convict is entitled to 60 days of ordinary leave every year which can be availed in four different periods. It was further submitted that petitioner's application has been rejected without any basis and that an alleged offence purported to have been committed by other persons have been used as a means to deny the petitioner the benefit of grant of leave.
3. Smt.Sreeja V., the learned Public Prosecutor, upon instructions submitted that petitioner was granted an escort parole on 20.05.2021 to attend the funeral of his father and later on 31.05.2021, WP(CRL.) NO. 969 OF 2024 3 2024:KER:71960 he was granted 10 days of emergency leave to attend the rituals of the death ceremony, which was later extended by a further period of five days. After the petitioner returned, he was given a special leave during Covid-19 pandemic. In the meantime, after he acquired eligibility for being considered for the grant of ordinary leave, he involved himself in a crime of a serious nature inside the prison, that too under the Narcotic Drugs and Psychotropic Substances Act, 1985. The learned Public Prosecutor submitted that he is now being prosecuted for the offences under Section 20(b) of the NDPS Act and Section 86(1) and 86(2) of the Kerala Prisons and Correctional Services (Management) Act, 2010 in C.C.No.1270 of 2021 on the files of the Judicial First Class Magistrate's Court-I, Thrissur.
4. I have considered the rival contentions and have perused the records.
5. By the time petitioner acquired eligibility to be considered for the grant of ordinary leave, he allegedly involved in a crime inside the prison. The offence alleged against the petitioner in the said crime includes Section 20(b) of the NDPS Act. The trial in the said case is ongoing and prosecution has already completed their evidence and the case is posted for taking the statement under Section 313 Cr.P.C. Since ordinary leave is to be granted to well behaved prisoners, I am of the view that the rejection of petitioner's application for the grant of leave, considering his alleged involvement in an NDPS crime cannot be said to WP(CRL.) NO. 969 OF 2024 4 2024:KER:71960 be perverse.
Accordingly, I find no merit in this challenge against Ext.P2. However, petitioner will be at liberty to claim leave after the trial court disposes of C.C.No.1270 of 2021 on the files of the Judicial First Class Magistrate's Court-I, Thrissur.
With the above observation, the writ petition is dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM WP(CRL.) NO. 969 OF 2024 5 2024:KER:71960 APPENDIX OF WP(CRL.) 969/2024 PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE ORDER DATED 23.12.2023 PASSED BY THE 3 RD RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE ORDER DATED 21.02.2024 PASSED BY THE 3 RD RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE REPLY DATED 18.12.2023 ISSUED BY THE DEPUTY POLICE SUPERINTENDED OF DISTRICT CRIME RECORD BUREAU, PALAKKAD TO THE PETITIONER.
Exhibit P4 THE TRUE COPY OF THE F.I.R NO.0689/ 2021 DATED 01.10.2021 OF VIYOOR POLICE STATION.
Exhibit P5 THE TRUE COPY OF THE INTIMATION DATED
29.09.2021 SENT BY THE JOINT
SUPERINTENDENT ON BEHALF OF THE
SUPERINTENDENT OF HIGH SECURITY PRISON, VIYOOR.