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2025 Supreme(Online)(Ker) 57031
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JOSE KD – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1694 OF 2025
For the Appellants/Petitioners: SRI.P.K.VARGHESE, SHRI.M.T.SAMEER, SHRI.JERRY MATHEW, SMT.DEVIKA K.R.
For the Respondents: SRI. E.C. BINEESH, SR. PP
Conditions attached to convict's leave must be justified; overly restrictive conditions may be lifted.
Headnote:This judgment concerns a writ petition where the petitioner contested a condition imposed on the leave of his son, a convict, which prohibited him from entering his native jurisdiction. The Court found that the condition was overly restrictive without justification, thus lifting it while imposing a requirement for the convict to report periodically. The Court upheld the need for balance between legal conditions and practical realities.
| Table of Content |
|---|
| 1. petitioner's challenge against specific conditions of convict's leave. (Para 1) |
| 2. court's response to petitioner’s arguments on leave conditions. (Para 2) |
| 3. court's observations on the necessity of conditions for leave. (Para 3) |
JUDGMENT
The petitioner is the father of the convict in S.C.
No.329/2020 on the files of the Additional District and Sessions Court, Irinjalakuda. The convict is undergoing imprisonment for life as Convict No.344/2023 in the Central Prison and Correctional Home, Kannur. He 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 Kaippamangalam Police Station, Thrissur, 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 Kaippamangalam. His house is situated within the limits of Kaippamangalam Police Station, Thrissur. So the condition No.2 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 Kaippamangalam Police Station is hereby lifted. The convict shall report before the SHO, Kaippamangalam 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 Kaippamangalam Police Station.
The writ petition is disposed of as above.
