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SHAFEENA v. STATE OF KERALA
W.P.(Crl) No.144/2025
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2025:KER:10229
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
WP(CRL.) NO. 144 OF 2025
CRIME NO.771/2017 OF Kuzhalmannam Police Station, Palakkad
IN SC NO.59 OF 2018 OF ADDITIONAL DISTRICT COURT
(ADHOC) III, PALAKKAD
PETITIONER:
SHAFEENA, AGED 35 YEARS, W/O RASHEED, DAFFORDIL
HOUSE, SAINAAS COTTAGE, MAHALI ROAD,
MUTTIKULANGARA, PALAKKAD DISTRICT, PIN - 678594
BY ADVS. P.K.VARGHESE
M.T.SAMEER
DHANESH V.MADHAVAN
JERRY MATHEW
LLOYD JOHN
DEVIKA K.R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY OF HOME DEPARTMENT, GOVT
SECRATARIAT THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES, AIL HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695012
3 THE SUPERINTENDENT, CENTRAL PRISON AND
CORRECTIONAL HOME, THAVANOOR, PIN - 679571
SRI. M.P. PRASANTH, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 07.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is the wife of the convict who is undergoing imprisonment at the Central Prison and Correctional Home, Thavanoor. The petitioner's father/father-in-law of the convict underwent a surgery and he is hospitalised at Avitis Super Specialty Hospital, Palakkad. An application for emergency leave submitted by the petitioner was rejected as per Ext.P2 order by the 3rdrespondent on the ground that the application is not supported by the certificate of a Civil Surgeon. It is in these circumstances, the petitioner has approached this Court.
2. I have heard the learned counsel for the petitioner and the learned Prosecutor Sri. M.P. Prasanth.
3. Ext.P1 medical certificate would show that the father of the petitioner underwent emergency laparoscopic cholecystectomy on 17.1.2025. It is submitted that the father of the petitioner is still in hospital. In these circumstances, there is no point in insisting for a certificate by the Civil Surgeon, inasmuch as the father of the petitioner cannot go before a Civil Surgeon to get medical certificate. Hence, the 3rdrespondent is directed to take a decision based on the medical certificate
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issued by the doctor who treated the petitioner's father. The petitioner is free to produce any other medical records before the 3rdrespondent. The 3rdrespondent shall take a decision on the application for emergency leave of the convict within five days from the date of the receipt of the copy of this judgment. The petitioner shall produce a copy of the judgment before the 3rdrespondent for compliance.
The writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
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