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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


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

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 1

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