Allowed

Beena Tony @ Thomas v. State of Kerala

Kerala HC21 Jul 2023WP(Crl.)/212/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted emergency leave to submit a compliant application. The Court directed the respondents to consider the convicts application within 10 days if accompanied by a Civil Surgeon certificate as per prison rules.

What did the court decide?

Direction to respondents to consider the petitioner's application for emergency leave within 10 days conditional on submission of a Civil Surgeon's certificate.

Beena Tony @ Thomas Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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WP(CRL.) NO. 212 OF 2023

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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 BECHU KURIAN THOMAS

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FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945

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WP(CRL.) NO. 212 OF 2023

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AGAINST THE ORDER/JUDGMENTCRL.A 1222/2016 OF HIGH COURT OF KERALA

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PETITIONER/S:

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BEENA TONY @ THOMAS
AGED 49 YEARS
W/O. TONY @ THOMAS, VADAKKUMCHERY HOUSE, MAVINCHUVADU
DESOM, KALLUR VILLAGE, THRISSUR, PIN - 680317
BY ADVS.
SRUTHY K.K
AJEESH K.SASI
RAHUL SUNIL

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001

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2 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES JAIL HEADQUARTERS, PALLIKKUNNU, KANNUR, PIN - 670002

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3 SUPERINTENDENT

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CENTRAL PRISON AND CORRECTIONAL HOME, PALLIKKUNNU,
KANNUR, PIN - 670002

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OTHER PRESENT:

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K A NOUSHAD,SRPP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(CRL.) NO. 212 OF 2023

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BECHU KURIAN THOMAS, J.

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======================== W.P.(Crl.)No.212 of 2023

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------------------------------------------------

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Dated this the 21^st day of July, 2023

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JUDGMENT

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Petitioner seeks for an emergency leave for her husband, who is Convict No.1054/2016 at the Central Prison, Kannur. It is claimed that petitioner’s mother-in-law, is aged 86 and is seriously ill. Since she is bedridden and her days numbered, the presence of her son – the convict beside her, would be a matter of great comfort and succour for her.

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Sri.K.A.Noushad, learned Public Prosecutor pointed out that as per the Statute and the Rules, emergency leave can be granted for the illness of an immediate relative only if the applications are accompanied by a certificate from a Civil Surgeon. It was also pointed out that this Court ought not to grant leave, contrary to the Rules.

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Having heard Smt.Sruthy, learned Counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that, though the reason projected for claiming emergency leave is legally sustainable, petitioner must satisfy the requirements of the Rules by providing a certificate from the Civil Surgeon. The said condition is contemplated under Rule 403 of the Kerala Prisons and

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WP(CRL.) NO. 212 OF 2023

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3

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Correctional Services (Management) Rules 2014.

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In the light of the above provision, petitioner ought to be granted an opportunity to submit an application in compliance with the Rules. If such an application is filed, the same will have to be considered, in accordance with law, at the earliest.

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Therefore, there will be a direction to the competent amongst 2^nd and 3^rd respondents to consider application, if any, submitted by the petitioner for emergency leave, if it is supported by the required certificate as provided under Rules. A decision shall be taken, as expeditiously as possible, at any rate, within a period of 10

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days from the date of receipt of such an application.

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The writ petition is disposed of accordingly.

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sd/

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BECHU KURIAN THOMAS JUDGE

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jm/

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WP(CRL.) NO. 212 OF 2023

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APPENDIX OF WP(CRL.) 212/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(CRL.) NO. 803 OF 2022 DATED 01-
09-2022
Exhibit P2TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO. 6406
OF 2022 DATED 25-10-2022 BY THIS HON'BLE
COURT
Exhibit P3THE MEDICAL CERTIFICATE ISSUED BY THE
ASSISTANT SURGEON, TALUK HEAD QUARTERS
HOSPITAL, CHALAKUDY

Beena Tony @ Thomas v. State of Kerala

Case brief

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Beena Tony @ Thomas v. State of Kerala

Case brief

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