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2025 Supreme(Online)(Ker) 51220
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SUMI – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1552 OF 2025
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SRI.SARATH K.P., SRI.ANILKUMAR C.R., SRI.K.S.KIRAN KRISHNAN, SMT.DIPA V., SRI.AKASH CHERIAN THOMAS, SRI.AZAD SUNIL
For the Respondents: SRI.E.C.BINEESH-SR.PP
Conditions restricting a convict's leave infringe on their legal rights and must be reasonable.
Headnote:The petitioner challenged conditions imposed on the leave granted to her husband, a convict. The court lifted both conditions from the leave order, noting precedents where similar conditions were set aside, emphasizing that restrictions infringed eligibility rights (para 3). The issues included infringement of rights and the unreasonableness of conditions regarding leave; the court favored the petitioner, stating restrictions thwarted the purpose of leave (para 3). The court granted relief by lifting the conditions imposed on leave visitation (final outcome).
| Table of Content |
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| 1. background of leave granted to convict. (Para 1 , 2) |
| 2. conditions lifted based on legal rights. (Para 3) |
J U D G M E N T
The petitioner’s husband is accused no.5 in S.C. No.698/2019 on the files of the Additional Sessions Court, Ottappalam. He is undergoing imprisonment for life as convict no.C-206/2023 at the Central Prison and Correctional Home, Thavanoor. He was granted ordinary leave as per Ext.P1 order with certain conditions. The petitioner is aggrieved by condition nos.(1) and (2) in Ext.P1. The condition no.(1) states that the 4th respondent shall ensure that no other co-accused in the same crime is released on leave while the convict is on leave. Condition no.(2) is that the convict shall not enter into the jurisdictional limits of District Police Chief, Palakkad.
This writ petition has been filed to lift the said conditions.
2. I have heard Sri.S.Rajeev, the learned counsel for the petitioner, and Sri.E.C. Bineesh, the learned Senior Public Prosecutor.
3. I find force in the argument of the learned counsel for the petitioner that if condition no.(1) is imposed, it will infringe the right of the convict to get his eligible leave as per the Statute. As per Ext.P2 judgment, this Court has already set aside such a condition in a similar case. Hence, condition no.(1) in Ext.P1 order is hereby lifted. The convict is a native of Ottappalam. His house is situated within the limits of Ottappalam Police Station, Palakkad. So the restriction in condition no.(2) that the convict shall not enter into the jurisdictional limits of District Police Chief, Palakkad, will defeat the very purpose of granting ordinary leave. Hence, the stipulation in condition no.(2) that the convict shall not enter into the jurisdictional limits of District Police Chief, Palakkad, is also hereby lifted. The convict shall report before the SHO, Ottappalam Police Station, on every Monday at 10:00 a.m. He shall not contact the relatives of the deceased who are residing within the jurisdictional limits of Ottappalam Police Station, Palakkad.
This writ petition is disposed of as above.
