IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16469 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------- MANJUSHA BINEESH, W/O.K.N.BINEESH, KALATHIL HOUSE, CHERAI.P.O., ERNAKULAM DISTRICT. PIN-683 514. BY ADVS. SRI.P.SANJAY SRI.PARVATHI MENON.A SRI.BIJU MEENATOOR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 004. 2. THE DIRECTOR GENERAL OF POLICE(PRISONS), THIRUVANANTHAPURAM. PIN-695 001. 3. THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR, THRISSUR, PIN.680 001. R1 TO R3 BY SR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.16469/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPORT GIVEN BY POLICE P2 COPY OF THE MEDICAL CERTIFICATE FOR EMERGENCY PAROLE P3 COPY OF THE DEATH CERTIFICATE P4 COPY OF THE JUDGEMENT IN WP(C)NO.13251/11 DATED 10/5/11. P5 COPY OF THE JUDGEMENT IN WP(C)NO.13529/11 DATED 24/5/11. P6 COPY OF THE REPLY RECEIVED UNDER RTI ACT. P7 COPY OF THE LOCAL PRIEST'S PRESCRIPTION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16469 OF 2011 -------------------------------------------------- Dated this the 21st day of June 2011 JUDGMENT The petitioner has approached this Court seeking for some indulgence in respect of granting of parole to the husband of the petitioner, who is a convict (convict No.7457) undergoing imprisonment in the Central Prison, Viyyur, Thrissur District having been convicted and sentenced from 17-05-2008 onwards. The sentence of 8 years of imprisonment was ordered by the Sessions Court, Alappuzha in Sessions Case No.1/2006 charged under Sections 302 and 120B of the Indian Penal Code. It is stated that appeal is pending. 2. In the course of the proceedings as above, the father of the convict took his last breath on 07-05-2011 as borne by Ext.P3 death certificate, pursuant to which the petitioner wanted to have parole to attend the funeral of the father. The issue was taken up before this court by the present petitioner by filing W.P.(C) No.13251/2011, wherein Ext.P4 verdict was passed on 10-05-2011 granting parole subject to the following conditions: (i) The petitioner shall produce a certified copy of this judgment before the Superintendent of Central Prison, Viyyur, Thrissur, on or before 12-05-2011. After producing the certified copy of this judgment, the husband of the petitioner shall execute a bond before the Superintendent of W.P.(C) No.16469/2011 2 Central Prison, Viyyur undertaking to surrender and report before the jail authorities on 19- 05-2011. (ii) The detenu shall report before the Station House Officer, Munambam Police Station at 5 p.m on every day during the parole period. The detenu shall not leave the house namely, Kalathil House, Cherai P.O except for the purpose of observing religious order connected with the funeral. (iii) The Station House Officer, Munambam Police Station is free to depute one or two police persons in mufti to arrange surveillance over the detenu. It is also the duty of the police to see that the detenu shall not interact with any of his opponents or any of the witnesses connected with any other case pending trial against him. It is made clear that this order shall not stand in the way of the petitioner in applying for regular or emergency parole, in accordance with the law and procedure and it is for the competent authorities to take decision on such application on merit. 3. After availing the said parole, the convict approached this Court by filing W.P.(C) No.13529/2011, seeking for permission to grant emergency parole under Rule 454 of the Kerala Prisons Rules, 1958 for carrying out the 'last rights' of the father scheduled on 23- 05-2011. The said prayer was granted as per interim order dated 07- 05-2011, extending the benefit flowing from Ext.P4 judgment till 24- 05-2011 subject to the very same conditions and thereafter the Writ Petition was closed, passing Ext.P5 judgment on 24-05-2011, W.P.(C) No.16469/2011 3 observing that no further orders were necessary. 4. The petitioner, who is the wife of the convict is again before this Court, stating that the religious rites and rituals in respect of the 41st day of demise of the father of the convict are scheduled to be held tomorrow, and that the ashes of the deceased have to be taken to Rameswaram, to be immersed in the sea. 5. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents. 6. The learned Government Pleader submits, on the basis of the instructions, that the request of the petitioner to grant ordinary parole has already been considered and given on an earlier occasion and that, the emergency parole given pursuant to the intervention of this Court is also not under dispute. It is stated that, '12 days' have already been granted in this regard and that the petitioner is not eligible to obtain any further benefit of emergency parole, as the Rule contemplates invocation of such powers only in respect of the death of a near relative or on such other circumstances specified therein. It is also brought to the notice of this Court that, so as to enable the convict to have the benefit of ordinary parole further, it is quite mandatory that there should be a favourable report from the Police authorities; similar recommendations from the Probationary Officer; W.P.(C) No.16469/2011 4 followed by a 'bond' to be executed by two sureties, coupled with a 'personal bond' to be executed by the convict. It is however stated that, the Police report as well as the report of the Probationary Officer stand detrimental to the interest of the convict and as such, no benefits can be extended in this regard. 7. However, considering the particular facts and circumstances of this case, this Court finds it fit and proper to let the convict be given the parole for just 'one day' to attend the ceremony at his residence on 22-06-2011 'with police escort'. The request of the petitioner to enable her husband to go to Rameswaram or such other places in connection with the alleged further rituals is rejected. Appropriate arrangements shall be made by the respondents to enable the petitioner's husband/convict to attend the function at the residence of the convict between 9:00 A.M and 4:00 P.M tomorrow. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE