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Judgment
5 paragraphs · 236 wordsDr.Kauser Edappagath, J
The petitioner is the father of a convict in S.C.No.897/2015 on the files of the Additional District and Sessions Court-III, Palakkad who is now undergoing imprisonment at Central Prison and Correctional Services, Thavanoor. The grand mother of the convict died on 27.11.2024. The convict filed an application for emergency leave to attend the funeral rites of the deceased before the 3rd respondent. The 3rd respondent dismissed the said application as per Ext.P2. The petitioner has approached this Court challenging Ext.P2.
I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor Smt. Seetha.
The funeral rites is already over. However, the learned counsel for the petitioner submits that the 16th day ritual is scheduled on 13.12.2024. As per Ext.P2, the application for emergency leave was dismissed based on the adverse report by the police. The learned Prosecutor has made available to me a copy of the police report. A vague statement has been given in the police report that since the convict is involved in political murder, if he is granted emergency leave, that may cause law and order issue. Such a vague objection unsupported by any material cannot be entertained. Hence, I am of the view that the convict can be granted emergency leave. Accordingly, the convict is granted emergency leave for four days from 13.12.2024 on usual terms.
The writ petition is disposed of.