Dismissed

Shafeek K M v. State of Kerala

Kerala HC23 Dec 2022WP(Crl.)/1282/2022

Case brief

AI extract

What is this about?

In this criminal writ petition, the petitioner, a convicted prisoner, sought an extension of emergency leave previously granted. The Court held that it had already shown indulgence by granting leave shortly before, noting the petitioner lacked a statutory right under prison rules to demand extension, and dismissed the petition.

What did the court decide?

The writ petition for extension of emergency leave was dismissed with no relief granted.

Shafeek K M Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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W.P.(Crl.).No.1282/2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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FRIDAY, THE 23^RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

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WP(CRL.) NO. 1282 OF 2022

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AGAINST THE ORDER/JUDGMENTSC 804/2007 OF ADDITIONAL DISTRICT

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COURT, THRISSUR

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CRL.A 633/2011 OF HIGH COURT OF KERALA

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PETITIONER:

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SHAFEEK K M, AGED 34 YEARS, S/O.MUHAMMED K.A., KARIPPAKULAM HOUSE, KOTHAPARAMBA, S.N.PURAM., THRISSUR DISTRICT, PIN – 680 655.

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BY ADVS. SRUTHY K.K P.VIJAYA BHANU (SR.) P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI SRUTHY N. BHAT RAHUL SUNIL NIKITA J. MENDEZ

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

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2 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES JAIL HEADQUARTERS, POOJAPURA, THIRUVANANTHAPURAM, PIN – 695 012.

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3 THE SUPERINTENDENT, OPEN PRISON & CORRECTIONAL HOME, CHEEMENI, KASARGOD, PIN – 671 123.

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR

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W.P.(Crl.).No.1282/2022

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ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl.).No.1282/2022

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O R D E R

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The petitioner is a convicted prisoner in S.C.No.804 of 2007

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of the Additional Sessions Judge, Fast Track Court-I, Thrissur, who is undergoing imprisonment as Convict No.629 in the open prison and Correctional Home, Cheemeni, Kasaragod. The petitioner earlier approached this Court by filing W.P. (Crl.).No.1231 of 2022, seeking emergency leave for a short term for the purpose of making necessary arrangements for the treatment of his father aged 70 years who was critically ill. When the aforesaid writ petition came up for consideration, it was pointed out that, immediately before the same, the petitioner was granted emergency leave for ten days on 31.10.2022 and later for a period from 16.11.2022 to 14.12.2022, he was granted ordinary parole. After considering the needs urged by the petitioner, despite the fact that he was granted parole on two occasions during the recent past, Ext.P2 order was passed by this Court by which the petitioner was directed to be released on 18.12.2022 till 24.12.2022. Now this writ petition is submitted by the petitioner seeking further extension of time.

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After considering the relevant aspects, I am of the view that this Court has already shown necessary indulgence in the

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W.P.(Crl.).No.1282/2022

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matter. Therefore, I do not find any justifiable reason for granting any further extension of the said period. The petitioner does not have any legal right also to seek for an extension under the provisions of the Kerala Prisons and Correctional Services (Management) Rules as the same does not provide for the same. Hence, the petitioner cannot ask for such a relief. Therefore, I do not find any merit in this writ petition and it is dismissed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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DG/23.12.22

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W.P.(Crl.).No.1282/2022

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APPENDIX OF WP(CRL.) 1282/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SURRENDER CERTIFICATE DATED 08-12-2022, ISSUED TO THE APPLICANT BY THE SUPERINTENDENT, KERALA PRISONS & CORRECTIONAL SERVICES Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(CRL). NO. 1231 OF 2022 DATED 16-12-2022 Exhibit P3 & p3(a) PHOTOGRAPHS WHICH SHOW THE PRESENT CONDITION OF THE PETITIONER'S MOTHER

Shafeek K M v. State of Kerala

Case brief

What is this about?

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Shafeek K M v. State of Kerala

Case brief

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