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2025 Supreme(Online)(Ker) 53074

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAJITHA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1616 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: SRI.E.C.BINEESH, SR.PP

The court determined that restrictions on convicts' movements are subject to reasonable evaluation, allowing for lifting under specific circumstances.

Headnote:Relevant statutes include the procedural guidelines for leave for convicts as outlined in the applicable laws. In this case, the petitioner's husband, serving imprisonment, was granted leave subject to a condition restricting his movement. The court lifted this condition, citing the necessity for family unity. The main issue was whether the imposed condition was reasonable and appropriate given the context of the case. The court reasoned that since similar restrictions had been lifted for other convicts in the same situation, the same should apply here. As a result, the court ordered the removal of the condition and stipulated mandatory reporting requirements.

Table of Content
1. petitioner's family situation necessitates lifting conditions on convict's leave. (Para 1 , 2)
2. court highlights the appropriateness of lifting conditions based on similar previous rulings. (Para 3)
3. final ruling lifted the previous condition on the convict. (Para 4)

J U D G M E N T

The petitioner's husband is undergoing imprisonment in S.C.No.265/2018 at the Central Prison and Correctional Home, Thavanoor, Malappuram. The petitioner's husband was granted ordinary leave as per Ext.P1 order subject to conditions. One of the conditions is that the convict shall not enter into the jurisdiction of Agali Police Station, Palakkad. This writ petition has been filed to lift the said condition.

2. I have heard Sri.Nireesh Mathew, the learned counsel for the petitioner and Sri.E.C. Bineesh, the learned Senior Public Prosecutor.

3. The petitioner's family is residing within the jurisdiction of the Agali Police Station and unless the condition is lifted, the very purpose of the ordinary leave will be defeated. That apart, similar condition imposed while granting ordinary leave to the other accused in the same case was lifted by this Court. Hence, I am of the view that the condition imposed on the convict can also be lifted.

4. Accordingly, the condition in Ext.P1 order that the convict shall not enter into the jurisdiction of the Agali Police Station stands hereby lifted. The convict shall report before the SHO, Agali Police Station, on every Monday between 10:00 a.m. and 11:00 a.m.

This writ petition is disposed of as above.

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