Nikhil vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 04, 2024

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Citation: sooperkanoon.com/1313581
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Mar 04, 2024
Case Number: WP(Crl.)/259/2024

Parties & Advocates

Appellant / Petitioner

Nikhil

Respondent

State of Kerala

Excerpt

.....while so, petitioner’s father expired on 21.02.2024. on the basis of an application submitted by the petitioner, the superintendent of prisons granted two days emergency leave to the petitioner immediately. subsequently, petitioner applied for extension of the said leave, which was also granted by the director general of prisons for a period of ten days. the leave so extended will expire tomorrow i.e., 05.03.2024. petitioner now seeks a further extension of the leave to participate in the 16 th day ritual, which according to the petitioner, falls on 08.03.2024.2. having heard sri.jerry mathew, the learned counsel for thepetitioner as well as sri.ranjith t.r., the learned public prosecutor, and considering the fact that the petitioner has already enjoyed the benefit of emergency leave for a period of 12 days and the 16 th day falls on 08.03.2024, i am of the view that interests of justice require the leave already granted to be extended till 09.03.2024.3. therefore, as a special case, the leave granted to the petitionershall stand extended till 09.03.2024. it is clarified that the petitioner shall report back to the prison by 5 p.m. on 09.03.2024. the writ petition is disposed of. sd/- bechu kurian thomas judge amv/04/03/2024 appendix of wp(crl.) 259/2024 petitioner exhibitsexhibit p1 a true copy of the order issued by the superintendent, central prison and correctional home, thavanoor on21.02.2024. true copy

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 CRIME NO.865/2010 OF VALAPPAD POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT DATED IN SC NO.175 OF 2011 OF ADDITIONAL DISTRICT COURT, THRISSUR PETITIONER/ACCUSED : NIKHIL, AGED 30 YEARS S/O LATE LINKEN, PONATH (H), CHAMAKKALA, VALAPPAD, KODUNGALLUR P.O, THRISSUR, PIN - 680 687. BY ADVS. JERRY MATHEW DEVIKA K.R. RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 THE ADDITIONAL CHIEF SECRETARY (HOME), DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, 3 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES JAIL HEADQUARTERS, POOJAPURA, 4 THE SUPERINTENDENT CENTRAL PRISON AND CORRECTIONAL HOME, THAVANUR, PIN - 679 573. SRI.RANJITH T.R., PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. W.P.(Crl).No.259 of 2024 …................................................ Dated this the 4th day of March, 2024

JUDGMENT

Petitioner is a convict undergoing imprisonment for a period of ten years in S.C.No.175/2011 on the files of Additional Sessions Court-I, Thrissur. He had preferred an appeal as Crl.Appeal No.731/2022, which is pending consideration. While so, petitioner’s father expired on 21.02.2024. On the basis of an application submitted by the petitioner, the Superintendent of Prisons granted two days emergency leave to the petitioner immediately. Subsequently, petitioner applied for extension of the said leave, which was also granted by the Director General of Prisons for a period of ten days. The leave so extended will expire tomorrow i.e., 05.03.2024. Petitioner now seeks a further extension of the leave to participate in the 16 th day ritual, which according to the petitioner, falls on 08.03.2024.

2. Having heard Sri.Jerry Mathew, the learned counsel for the

petitioner as well as Sri.Ranjith T.R., the learned Public Prosecutor, and considering the fact that the petitioner has already enjoyed the benefit of emergency leave for a period of 12 days and the 16 th day falls on 08.03.2024, I am of the view that interests of justice require the leave already granted to be extended till 09.03.2024.

3. Therefore, as a special case, the leave granted to the petitioner

shall stand extended till 09.03.2024. It is clarified that the petitioner shall report back to the prison by 5 p.m. on 09.03.2024. The writ petition is disposed of. sd/- BECHU KURIAN THOMAS JUDGE AMV/04/03/2024 APPENDIX OF WP(CRL.) 259/2024 PETITIONER EXHIBITS

EXHIBIT P1                 A TRUE COPY OF THE ORDER ISSUED BY THE
                           SUPERINTENDENT,   CENTRAL    PRISON AND
                           CORRECTIONAL    HOME,     THAVANOOR  ON

21.02.2024. TRUE COPY

Same Court & Year Kerala Orders · 2024 Same Parties Nikhil vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas