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2023 Supreme(Online)(KER) 30105

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
SARATH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ARUN KRISHNA DHAN, T.K. SANDEEP, ARJUN SREEDHAR, ALEX ABRAHAM, VEENA HARIKUMAR, SWETHA R. HARIKRISHNAN, P.B.

JUDGMENT

Petitioner was the 6th accused in S.C.No.555/2008 on the files of the Sessions Court, Thrissur. He is a convict, serving life imprisonment from 14.9.2012.

2. On 20.6.2023 petitioner was permitted to go on an ordinary leave for 30 days and he is bound to return to prison on 23.6.2023. In the meantime, on 09.07.2023 petitioner’s father expired. Alleging that the funeral rites, especially the important function of the 16th day of death falls on 24th of July 2023, petitioner seeks for a direction to extend his period of leave by two weeks.

3. In view of the requirements of the petitioner to return on

23.07.2023, this Court called for urgent instructions. Sri. C.N Prabhakaran, the learned Government Pleader submitted that, petitioner has already been granted 30 days ordinary leave and the Rules do not provide for any further extension until the next three months. It was further submitted that, since extension of leave is not permissible as per Rules this Court ought not to direct any such extension under any circumstances.

4. I have considered the submissions of Sri. Arun Krishna Dhan, the learned counsel for the petitioner as well.

5. The petitioner’s father died on 09.07.2023 whic

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