Shafeek K.M. vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner was convicted by the Additional Sessions Court, Fast Track Court I, Thrissur in S.C. No.804/2007, for the offences, including the one under Section 302 of the Indian Penal Code. The appeal submitted by the petitioner was also dismissed, and the conviction was confirmed. He is at present an inmate of Open Prison And Correctional Services, Cheemeni, as convict No.629. The petitioner had already completed 11 years and four months of imprisonment, including the remission, it comes to 15 years and eight months.

The prayer sought by the petitioner is to issue a direction to the 3rd respondent to grant parole to the petitioner for a short duration on the ground that the mother of the petitioner is critically ill and undergoing dialysis on daily basis. It is pointed out that the mother is now admitted to the ICU of The Government Medical College Hospital, Thrissur, due to Pneumonia. This writ petition was submitted in such circumstances.

The learned Government Pleader, upon instructions, submitted that the petitioner was granted emergency leave on 31.10.2022 for ten days. Later, he was granted ordinary parole for the period from 16.11.2022 to 04.12.2022. Currently, no application submitted by the petitioner for parole or emergency leave is pending consideration before the authorities concerned. However, it is pointed out that the conduct of the petitioner inside the prison is satisfactory.

After considering the materials placed before me and hearing the contentions from either side, I am of the view that some indulgence needs to be shown. The petitioner had indeed obtained emergency leave as well as ordinary parole very recently, and therefore, it may not be possible for the authorities concerned to release the petitioner immediately. However, the fact that the mother of the petitioner is critically ill and is admitted to the ICU makes it an extraordinary situation where the presence of the convict may be necessary. As pointed out by the learned counsel for the petitioner, his presence is also required to make arrangements for ensuring proper treatment for his mother.

In such circumstances, I deem it appropriate to invoke the jurisdiction of this Court under Article 226 of the Constitution of India and to grant an emergency leave for a short duration to make necessary arrangements for the treatment of his mother. This is by taking note of the urgency involved in the matter and ensuring the welfare of an aged mother. In the facts and circumstances of the case, I deem it appropriate to fix the period as seven days. Accordingly, it is ordered that the petitioner shall be released on 18.12.2022, and he shall report back on 24.12.2022, 5 P.M. It shall be open for the authorities concerned to impose the normal conditions for his release.

This writ petition is disposed of with the above directions.