Disposed

Kamala K. v. State of Kerala

Kerala HC19 Mar 2024WP(Crl.)/93/2024

Case brief

AI extract

What is this about?

Mother of a prisoner sought a direction to grant ordinary leave to her son. As no application for ordinary leave had been made after the Division Bench judgment in W.A. No. 2095/2023, the court declined to consider the prayer but directed the competent authority to decide any fresh application within eight weeks.

What did the court decide?

Direction to respondents to decide any application for ordinary leave within eight weeks of receipt; prayer for grant of ordinary leave not considered.

Kamala K. Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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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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TUESDAY, THE 19^TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945

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WP(CRL.) NO. 93 OF 2024

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PETITIONER :

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KAMALA K.

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AGED 76 YEARS, W/O APPU, RESIDING AT UPPACHI, THEKKEKARA, 'THEKKEKARA VEEDU' KATTELA SREEKARIYAM P.O., THIRUVANANTHAPURAM, PIN – 695 017

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BY ADV V.VIJITHA

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RESPONDENTS :

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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2 KERALA PRISON AND CORRECTIONAL SERVICES, REPRESENTED BY THE DIRECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, DEPARTMENT OF PRISON, POOJAPURA, THIRUVANANTHAPURAM, PIN – 695 012

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3 THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME, POOJAPPURA, THIRUVANANTHAPURAM, PIN – 695 012

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4 SUPERINTENDENT, OPEN PRISON AND CORRECTION HOME, NETTUKALTHERI, KOOTOOR, THIRUVANANTHAPURAM, PIN - 695572

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5 JAIL ADVISORY BOARD

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CENTRAL PRISON, POOJAPURA, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, PIN - 695012

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WP(CRL.) NO. 93 OF 2024

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6 INSPECTOR GENERAL AND COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY, POLICE GROUND, CV RAMAN PILLAI RD, PANAVILA, THYCAUD, THIRUVANANTHAPURAM, KERALA, PIN – 695 014

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BY SRI.M.C.ASHI, PUBLIC PROSECUTOR

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(CRL.) NO. 93 OF 2024

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BECHU KURIAN THOMAS, J.

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W.P.(Crl.) No.93 of 2024

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Dated this the 19^th day of March, 2024

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JUDGMENT

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Petitioner seeks for a direction to grant ordinary leave to her son who is Convict No.3852 in the Central Prison and Correctional Home, Thiruvananthapuram.

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On an earlier occasion, petitioner's son had approached this Court through W.P.(Crl.) No.1087 of 2022 seeking similar reliefs. However, by judgment dated 01.11.2023, the learned Single Judge dismissed the writ petition with the observation that, if there is any change of circumstance, petitioner will be free to file a fresh application. The said judgment was challenged before the Division Bench in W.A.No.2095 of 2023 which was disposed of, after observing that, if a fresh application for parole is filed, the same shall be considered by the authority after recording the submission of the complainants as well as the appellants.

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According to the petitioner, despite an application having been submitted pursuant to the Division Bench judgment, no orders have been passed and petitioner's son continues to be denied the ordinary parole due to him.

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Sri.M.C.Ashi, the learned Public Prosecutor, on the other hand submitted that petitioner's son has not made any application for the grant

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WP(CRL.) NO. 93 OF 2024

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of ordinary parole after the judgment of the Division Bench in W.A.No.2095 of 2023.

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Since neither the petitioner nor her son has submitted any application for grant of ordinary leave subsequent to the judgment of the Division bench in W.A.No.2095 of 2023, this Court is of the view that petitioner's prayer for a direction for grant of ordinary leave cannot be considered. However, as directed by the Division Bench, if either the petitioner or her son submits any application for grant of ordinary leave, necessarily, a decision shall be taken by the competent amongst the respondents, as early as possible, at any rate, within a period of eight weeks from the date of receipt of such application.

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The writ petition is disposed of as above.

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BECHU KURIAN THOMAS, JUDGE

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RKM

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WP(CRL.) NO. 93 OF 2024

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APPENDIX OF WP(CRL.) 93/2024

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PETITIONER'S EXHIBITS :

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Exhibit P1	A TRUE COPY OF THE REPORT DATED 27.12.2019 ISSUED BY THE 6TH RESPONDENT
Exhibit P2	A TRUE COPY OF THE PAROLE APPLICATION OF BABU KUMAR DATED 30.05.2020
Exhibit P3	TRUE COPY OF THE LETTER DATED 01.07.2020 ISSUED BY THE DIRECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, THIRUVANANTHAPURAM
Exhibit P4	A TRUE COPY OF THE REPORT DATED 19.02.2022 ISSUED BY THE 6TH RESPONDENT
Exhibit P5	A TRUE COPY OF THE JUDGMENT DATED 01.11.2023 IN WP(CRL) NO.1087/2022 OF THIS HON'BLE COURT
Exhibit P6	A TRUE COPY OF THE JUDGMENT DATED 11.12.2023 IN WA NO.2095/2023 OF THIS HON'BLE COURT
Exhibit P7	A TRUE COPY OF THE NOTARISED AFFIDAVIT OF THE PETITIONER DATED 14.12.2023
Exhibit P8	TRUE COPY OF THE ORDER DATED 05.01.2024 IN RP NO. 1358/2023 IN WA. 2095/2023 OF THIS HON'BLE COURT

Kamala K. v. State of Kerala

Case brief

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Kamala K. v. State of Kerala

Case brief

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