IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 16403 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- MR.NIKHIL JOSE, AGED 22, S/O.JOSE, EDATTANKUZHIYIL HOUSE, KOORACHUND, KALLANODE P.O., KOZHIKODE. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR GENERAL OF POLICE (PRISON), THIRUVANANTHAPURAM - 695 001. 3. THE JAIL SUPERINTENDENT, CENTRAL PRISON, KANNUR - 678 001. 4. S.I. OF POLICE, KOORACHUND POLICE STATION, KOZHIKODE - 673 001. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16403/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF DEATH CERTIFICATE OF ANNAMMA JOSEPH. P2: COPY OF APPLICATION DATED 31/03/2011 FOR EMERGENCY LEAVE. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.16403 of 2011 ---------------------------------------- Dated this the 20th day of July, 2011. J U D G M E N T Petitioner's father Sri.Jose @ Pappachan was the accused in Sessions Case No.44/2006 of the Court of Sessions, Kozhikode, who was convicted for the offence punishable under Section 302 of IPC. He is now undergoing life imprisonment in the Central Prison, Kannur as convict No.6006. 2. In this writ petition his grievance is that he had made Ext.P2 application for emergency leave and that the same was not allowed. It is also his case is that another application was made by him on 10.6.2011, which was also rejected. 3. According to him, yet another application was made by him on 4.1.2011 and that orders have not been passed. It is in these circumstances, the writ petition is filed seeking a direction to the respondents to grant ordinary leave for 30 days to the convict Sri.Jose @ W.P(C) No.16403 of 2011 2 Pappachan, convict No.6006 of Central Prison, Kannur. 4. A statement has been filed by the 3rd respondent. According to the 3rd respondent, as per Rule 454(c) of the Kerala Prison Rule, every petition for leave shall be accompanied with a report from the concerned Station House Officer. According to him in this case report obtained under Rule 454(c) was adverse to the petitioner and that it was therefore that the leave could not granted. 5. Two reports dtd.16.10.2010 and 1.7.2011 submitted by the Sub Inspector of Police, Koorachund Police Station has been produced. The relevant portion of the report dtd.16.10.2010 reads as under: “Enquiries have been conducted in connection with the advisability of the leave requested by C.No.6006 Jose @ Pappachan, S/o.Joseph. It is learned that he had threatened some of the witnesses of the case related to his imprisonment. They are in fear of his arrival in the locality and most of the witnesses are living in the neighbourhood of Jose. Hence granting of leave to him is not recommended.” 6. The second report dtd.1.7.2011 is a verbatim reproduction of the Report dated 16.10.2010 and therefore, is obvious that it was submitted by the Sub Inspector of Police without application of mind, or conducting any W.P(C) No.16403 of 2011 3 proper enquiry as contemplated in the Rule. In that view of the matter, I am inclined to think that the rejection of the petitioner's request was without considering the application. 7. Therefore, I dispose of this writ petition directing that the petitioner shall produce a copy of this judgment along with a copy of the writ petition and the statement referred above before the 3rd respondent and thereupon the 3rd respondent will forward the papers to the Commissioner of Police, Kozhikode, who will get an enquiry conducted into the request of the petitioner. Based on the report thus obtained, fresh orders will be passed on the application made by the petitioner for his father for leave. It is directed that a decision as above shall be taken as expeditiously as possible, at any rate within four weeks from the date of production of a copy of this judgment. Sd/- ANTONY DOMINIC JUDGE //True Copy// W.P(C) No.16403 of 2011 4