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Judgment
16 paragraphs · 395 wordsP.V.Kunhikrishnan, J
The above W.P.(Crl.) is filed with the following prayers:
To issue a writ in the nature of mandamus or other appropriate writ or order directing the respondent Nos.1 to 3 to release the petitioner (convict prisoner no:2913 at Open Prison & Correctional Home, Nettukaltheri) on extra ordinary or any other kind of leave/Parole for a period of 45 days for the medical treatment of his mother or such other leave for such other period as this Hon'ble Court may deem fit and proper in the interest of justice, and
To mould and grant such other relief as this Hon'ble Court may deem fit and proper in the interest of Justice including Cost.
This Court on 25.08.2023 passed the following order:
The learned Public Prosecutor takes notice for Respondent Nos.1, 2, 3 and 5, and seeks time to get instructions. In the meantime, the Station House Officer having jurisdiction over Chembukkavu Police Station, Thrissur, shall verify and ascertain the medical condition of petitioner’s mother, Smt. Vesu Velayudhan, with the assistance of a doctor from a Primary Health Centre or other Government hospital of his choice and submit a report by the next posting.
A Medical Certificate is submitted by the NHM Medical Officer Pain and Palliative Care and the contents of the Medical Certificate is extracted here:
MEDICAL REPORT
As per the order WP(CRL)No.873/2023 from Hon'ble High Court of Kerala at Ernakulam, visited Smt. Vesu Velayudhan, W/o. Kumaran residing at Madappattu Parambil(H), Chembukkavu PO, Thrissur A known case of Cerebro Vascular Accident (CVA), Diabetes Mellitus and Hypertension on regular medication. On examination conducted on 4/9/2023, above mentioned person is conscious, not oriented to time, place & person. 8.9 170/100mmHg, P.R-84 bpm, SPO,-98% (in RA) obeys verbal commands, can walk with support and has been registered today under Pain & Palliative Care Unit, General Hospital, Thrissur for further home visits.
Dr. Arsha Lohith
Reg.No.79667
NHM Medical Officer
Pain & Palliative Care
In the light of the above, I think, there can be a direction to the 3rd respondent to grant emergency leave to the petitioner forthwith on usual terms and conditions.
This W.P.(Crl.) is disposed of with a direction to the 3rd respondent to give emergency leave to the petitioner forthwith, considering the medical condition of the mother of the petitioner.
Issue a copy of the judgment today itself.