IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 WP(C).No. 13251 of 2011(F) -------------------------------------------- PETITIONER(S): --------------------- MANJUSHA BINEESH, W/O.K.N. BINEESH, KALATHIL HOUSE, CHERAI.P.O, ERNAKULAM DISTRICT, PIN - 683 514, NOW RESIDING AT 38, CHINNAKKADA STREET, ANAIMALAI.P.O, POLLACHI TALUK, COIMBATORE DISTRICT, TAMKL NADU. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. PIN: 695 001. 2. THE DIRECTOR GENERAL OF POLICE (PRISON), THIRUVANANTHAPURAM - 695 001. 3. THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR, THRISSUR - 680 010. BY GOVERNMENT PLEADER SHRI T. B. HOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- W.P(C) NO.13251 OF 2011 --------------------------------------------- Dated, this the 10th day of May, 2010 J U D G M E N T This writ petition is preferred by one Manjusha Bineesh, wife of one K.N.Bineesh, who is now undergoing imprisonment in Central Prison, Viyyur, connected with the sentence imposed on him as per judgment in Sessions case No.1/2006 of the Sessions Court, Alappuzha for the offences under Section 302 read with 120B of the Indian Penal Code. According to the petitioner, the father of her husband namely, Shri.Natesan expired on 07.05.2011, as evident by Ext.P5 medical report and the dead body is kept in freezer and, therefore, she had approached the respondents for emergency parole as per Ext.P5, so as to enable the said Bineesh to attend the funeral of his father. But the same is not considered properly. Therefore, she preferred the present writ petition with the following prayers: “1. Issue a writ of Mandamus directing the respondents to grant emergency leave to petitioner's husband as provided under Rule 458 of the Kerala Prisons Rules, 1958; 2. Declare that petitioner's husband is entitled to Ordinary and Emergency leave. 3. Issue a writ of Mandamus directing the 3rd respondent to pass orders on Ext.P-4 application taking into consideration Exts.P-5 to P-7:” 2. Learned counsel for the petitioner vehemently submitted that as per rules, the husband of the petitioner is entitled to get parole since he W.P(C) NO.13251 OF 2011 2 had already undergone imprisonment for more than three years. According to the learned counsel, the parole now sought for is an emergency parole since the father of the said Bineesh had expired on 07.05.2011, and being the eldest son of the deceased Natesan, the husband of the petitioner is expected to offer religious rites and the dead body of his father is kept in mortuary for cremation. 3. Learned Government Pleader on instructions submitted that on the basis of the report obtained, the jail authorities have sanctioned emergency parole in favour of the said convictee under police escort for attending cremation of his father late Natesan. According to the learned Government Pleader, the said Bineesh is not willing to attend the cremation of his father under police escort. It is the specific case of the counsel for the petitioner that the mother of the petitioner's husband is a chronic heart patient and is under treatment and the petitioner has little children aged 2, 5 and 7 and when the parole was ordered in favour of the petitioner's husband connected with the surgery with respect to one of the sons of the petitioner, more than a dozen policemen armed with weapons were appointed to accompany the petitioner's husband to the hospital. According to the learned counsel, such a situation is intolerable especially connected with the cremation of the father of the petitioner's husband. W.P(C) NO.13251 OF 2011 3 4. Having regard to the facts and circumstances in this case, and in the light of the submissions made by the learned counsel for the petitioner as well as the learned Government Pleader, it can be seen that the husband of the petitioner is undergoing imprisonment for more than three years in pursuance of the judgment in the above Sessions Case and the father of the petitioner's husband expired on 07.05.2011 and the cremation is yet to be conducted and the body is kept in the mortuary. It is also a fact that the department is also favourable in granting one day parole so as to enable the husband of the petitioner to attend the funeral. Under the above facts and circumstances, I am of the view that it is only just and proper to grant seven days' parole to the petitioner's husband by imposing appropriate conditions, so as to enable him to attend the funeral of his father and connected religious functions. In the result, this writ petition is disposed of directing the respondents to grant seven days' parole to the petitioner's husband (Convict No.7457) from 12.05.2011 to 19.05.2011, 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 W.P(C) NO.13251 OF 2011 4 Superintendent of 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. The writ petition is disposed of, accordingly. V.K.MOHANAN JUDGE. krj