IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 11009 of 2008(I) -------------------------- CR.NOS.271/06 AND 502/02 OF PALA AND KURUVILANGAD POLICE STATIONS. PETITIONER: --------------------- LEELA, W/O.LATE RAGHAVAN, INCHIYIL HOUSE, PALAI, EDAPPALLY. BY ADV. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF PRISONS, CENTRAL PRISON, POOJAPPURA, THIRUVANANTHAPURAM. 3. SUPERINTENDENT CENTRAL PRISON, VIYOOR, TRICHUR. BY P.P. SRI. GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c)No. 11009 of 2008-I ------------------------------------------------- Dated this the 11th day of April, 2008 JUDGMENT This order must be read in continuation of the order dated 4/4/08. It is reported by the two courts concerned i.e., the Judicial First Class Magistrate Court-I, Pala and the Judicial First Class Magistrate Court, Aluva, that the production warrants issued to the prison authorities to produce Saji E.R. @ Aayi - son of the petitioner, have been withdrawn. The son of the petitioner can therefore be released from custody now notwithstanding the fact that such crimes/ proceedings are pending before those two courts. 2. However, the learned Public Prosecutor reports, on behalf of the Superintendent, Central Prison, Viyyoor, that two more production warrants have been received. They relate to: (1) Crime No.288/01 of the Gandhi Nagar Police Station, W.P.(c)No. 11009 of 2008-I -: 2 :- Kottayam – production warrant issued by the Assistant Sessions Court, Kottayam, in S.C.No.267/05 and (2) Crime No. 472/01 of the Kambam North Police Station – production warrant issued by the Judicial First Class Magistrate, Uthama Palayam, Tamil Nadu. 3. The learned Public Prosecutor, on behalf of the Superintendent, Central Prison, Viyyoor, submits that the condition of the son of the petitioner is bad. He was not in a position to be moved and it was, in these circumstances, that the production warrants issued earlier could not be executed. The learned Public Prosecutor further submits that his condition is deteriorating and the advise of the Doctor is that he should not be moved to distant places. 4. I am satisfied that directions can be issued in the matter in favour of the son of the petitioner. The son of the petitioner is required to be produced in the two crimes referred above and the three crimes/proceedings which have already been referred to in the order dated 4/4/08. 5. In the peculiar facts and circumstances of this case, there shall be a direction to the Superintendent, Central Prison, Viyyoor, to release the son of the petitioner forthwith from custody. The Superintendent, Central Prison, Viyyoor, shall W.P.(c)No. 11009 of 2008-I -: 3 :- inform the courts concerned that in the light of the orders passed by this Court in this writ petition, the son of the petitioner has been released from custody and that such courts may take other steps to procure the presence of the son of the petitioner. 6. There shall be a further direction to the accused i.e., the son of the petitioner that he must appear before all the 5 courts concerned within a period of three months from this date. If he does not so appear before, the courts concerned shall be at liberty thereafter to take necessary coercive steps to procure his presence. 7. This writ petition is, accordingly, allowed. 8. Communicate copy of this judgment to the learned Assistant Sessions Judge, Kottayam, the learned Judicial First Class Magistrate, Uthama Palayam, the learned Judicial First Class Magistrate-I, Pala and the learned J.M.F.C.-II, Aluva. 9. Hand over a copy of this judgment to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge W.P.(c)No. 11009 of 2008-I -: 4 :-