SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 53830

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
CHINNA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1659 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SMT.DIPA V., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL, SHRI.MAHESWAR P., SHRI.T.P.ARAVIND, SMT.AKSHARA S.
For the Respondents: SRI.SANGEETHA RAJ.N.R-PP

Conditions for granting leave to a convict must be justified and cannot be overly restrictive without clear reasoning.

Headnote:The petition concerns the conditions imposed on the leave granted to the convict, specifically that he shall not enter the jurisdiction of the Ottapalam Police Station. The court analyzed the grounds for such restrictions and determined that they were unnecessarily stringent, lifting the prohibition against entering the jurisdiction while maintaining other conditions, ensuring a balance between the convict's rights and public safety.

Table of Content
1. petitioner challenges conditions on convict's leave. (Para 1 , 2)
2. court lifts unnecessary restrictions for convict. (Para 3)

J U D G M E N T

The petitioner is the mother of the accused No.2 in S.C.No.698/2019 on the files of the Additional Sessions Court, Ottapalam. The accused No.2 is undergoing imprisonment for life as Convict No.C-203/2023 in the Central Prison and Correctional Home, Thavanoor. The convict was granted ordinary leave as per Ext.P1 order. One of the conditions in Ext.P1 is that he shall not enter into the jurisdictional limits of Ottapalam Police Station and that he should not contact any of the residents in the said Police Station limit. The petitioner is aggrieved by the said condition.

2. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

3. The convict is a native of Ottapalam. His house is situated within the limits of Ottapalam Police Station, Palakkad. So the condition No.1 imposed will defeat the very purpose of granting ordinary leave. No reason has been shown in Ext.P1 order for imposing such stringent conditions. Hence, the condition imposed in Ext.P1 order that the convict shall not enter into the jurisdictional limits of the Ottapalam Police Station is hereby lifted. The convict shall report before the SHO, Ottapalam Police Station on every Monday at 10 am. He shall not contact the relatives of the deceased who are residing within the jurisdictional limits of Ottapalam Police Station. Condition No.4 will not stand in the way of the petitioner in entering into the jurisdictional limits of Ottapalam Police Station.

The writ petition is disposed of as above.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top