Jaseela vs Inspector Of Ottapalam Police Station

Dr.Kauser Edappagath, J

The petitioner is the wife of the convict in S.C.No.630 of 2020, who is at present undergoing life imprisonment at the Central Prison & Correctional Home, Kannur. The petitioner filed an application for emergency leave before the Superintendent, Central Prison & Correctional Home, Kannur, to enable her husband to attend his brother's daughter's marriage function scheduled to be held on 28/12/2024 and 29/12/2024.

This writ petition has been filed to give a direction to the Superintendent, Central Prison, Thavanur to grant emergency leave to the petitioner's husband. Since the convict is housed at Central Prison, Kannur and as the Superintendent, Central Prison & Correctional Home, Kannur has not been impleaded in the writ petition, he is suo motu impleaded in the writ petition as additional respondent No.5.

I have heard Sri.Sunny Mathew, the learned counsel appearing for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor.

The learned Public Prosecutor made available to me a copy of the order by which Ext.P2 application was rejected by the additional respondent No.5 on the ground that the case did not fall under Rule 400(ii) of the Kerala Prisons and Correctional Services Management Rules, 2014 (for short, 'the Rules'). However, a close reading of Rule 400 (1) would show that emergency leave can be granted to attend the marriage function of the niece/nephew of the convict. The convict's brother's daughter can be considered as niece of the convict. Hence, the rejection of Ext.P2 application cannot be justified. The additional respondent No.5 is directed to grant emergency leave to the petitioner's husband from 27/12/2024 to 30/12/2024 to attend the marriage function of his brother's daughter on 28/12/2024 and 29/12/2024, as per rules. The convict shall execute the necessary bonds as prescribed under the Rules and as directed by the additional respondent No.5.

The W.P.(Crl.) is disposed of as above.