Geetha vs State Of Kerala

P.V.Kunhikrishnan, J

This writ petition (criminal) is filed with the following prayers:-

“i) To issue a Writ in the nature of MANDAMUS commanding the Respondents to release the 1st Petitioner’s husband Vinod, aged 40 years, s/o Krishnan, Meppadu Veedu, Kumbaloanchola, Pottassery P.O. Mannarkkad, Palakkad – 678 598; presently C. No. 125/2021, Central Prison and Correctional Home, Kannur, on emergency parole or ordinary parole.

(II) To issue a Writ in the nature of MANDAMUS commanding the Respondents to release the 2 nd Petitioner’s husband Raju aged 46 years, s/o Krishnan, Meppadu Veedu, Kumbalanchola, Pottassery P.O., Mannarkkad, Palakkad – 678 598; presently C. No. 126/2021, Central Prison and Correctional Home, Kannur, on emergency parole or ordinary parole.

(III) To dispense with the filing of English Translation of vernacular language.

(IV) Pass any such order which this Hon’ble court may deem fit and proper considering the facts and circumstances of this case, in the interest of justice.” (SIC)

The petitioners are the wives of convicts – Vinod .C No.125/2021 and Raju.C No.116/2021, who are lodged at the Central Prison and Correctional Home, Kannur. The petitioners' husbands were convicted under Sections 302, 326 r/w Section 34 IPC by the Additional Sessions Court-II, Palakkad as per judgment dated 23.03.2021 in S.C.No.284/2013.

It is the case of the petitioners that the death anniversary of the father of the petitioners' husbands is approaching and the shraddham ceremony of the father is set to take place on 19.09.2023. The petitioners' husbands filed a fresh petition for interim bail. However, the same is closed and now the petitioners want emergency parole.

In the light of the facts narrated above, I think the petitioners can be allowed to file petition for emergency parole and that can be directed to be considered by the 2nd respondent.

Therefore, this writ petition (criminal) is disposed of with following directions:-

1) The petitioners are free to submit an application for emergency parole to the 2nd respondent forthwith.

2) If such an application is received, the 2nd respondent will consider the same and pass orders within two days from the date of receipt of the application.