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Judgment
10 paragraphs · 331 wordsP.V.Kunhikrishnan, J.
This Writ Petition (Crl.) is filed with following prayers :
“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing 2nd respondent to release the son of the petitioner, Mr. Ratheesh, on special leave/parole for a period of 2 months to perform the last rites of his deceased father.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd respondent to consider and pass orders on Exhibit P2 representation within a time frame as may be fixed by this Hon'ble Court.
iii) Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case.”[SIC]
When this Writ Petition (Crl.) came up for consideration on 15.12.2023, this Court passed the following order :
“The Public Prosecutor takes notice for respondents.
It is submitted that father of the convict died on 14.12.2023. The Public Prosecutor submitted that the convict is already taken to the residence with escort. I am of the considered opinion that the convict is entitled emergency leave in the light of Rule 400 (1)(i) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. Therefore, once the convict is returned back to the jail, the 2nd respondent shall pass appropriate orders granting emergency leave to the petitioner. Post on 21.12.2023.”
Now, the Public Prosecutor submitted that emergency leave is granted to the petitioner's son for six days from 16.12.2023. The counsel for the petitioner submitted that the father of the convict died and there are certain customary rituals to be completed by the convict and the emergency leave may be extended till 02.01.2024. I think that prayer can be allowed in the peculiar facts and circumstances of this case. Therefore, the emergency leave already granted to the petitioner's son is extended till 02.01.2024. The petitioner's son will report back to the jail before 5 pm on 02.01.2024.
With the above observation, this Writ Petition (Crl.) is disposed of.