WP(CRL.) NO. 381 OF 2025 1 2025:KER:31278 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(CRL.) NO. 381 OF 2025 PETITIONER: KHADEEJATHU NASRIYA AGED 31 YEARS W/O. RAJEEB KIZHAKKEKARA HOUSE KAKKUTH PERINTHALMANNA MALAPPPURAM, PIN - 679322 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. ANILKUMAR C.R. K.S.KIRAN KRISHNAN DIPA V. RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE ADDITIONAL CHIEF SECRETARY (HOME) DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 WP(CRL.) NO. 381 OF 2025 2 2025:KER:31278 3 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES JAIL HEADQUARTERS, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012 4 THE SUPERINTENDENT CENTRAL PRISON & CORRECTIONAL HOME, THAVANUR, MALAPPURAM, PIN - 676101 OTHER PRESENT: SMT.SREEJA V., SR. PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) NO. 381 OF 2025 3 2025:KER:31278 J U D G M E N T The petitioner who is the wife of the convict undergoing imprisonment for life at Central Prison and Correctional Home, Thavanoor, Malappuram, seeks emergency leave for her husband. 2. I have heard Sri.S.Rajeev, the learned counsel for the petitioner and Smt.Sreeja V., the learned Senior Public Prosecutor. 3. The petitioner filed an application for emergency leave for the convict before the 4th respondent. However, it was dismissed as per Ext.P3 order. Challenging the said order, this writ petition has been filed. 4. The petitioner alleges that since the convict defaulted the repayment of a chitty subscribed by him from the KSFE the revenue recovery proceedings were initiated by the KSFE against the convict, the petitioner, and her father-in-law, who are guarantors. According to the petitioner, if the convict is released WP(CRL.) NO. 381 OF 2025 4 2025:KER:31278 from the jail on emergency leave, he can settle the matter by selling the vehicle registered in his name. The document produced by the petitioner would show that already a proposed buyer has come to purchase the vehicle and a draft agreement has been executed. The learned counsel for the petitioner submits that it has been decided to execute the agreement on 21.04.2025. The learned counsel for the petitioner prays that the convict may be granted emergency leave at least for 2 days to facilitate the execution of the agreement and also to approach the KSFE to talk over and settle the matter. 5. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, the 4th respondent is directed to grant emergency leave to the convict for 2 days, starting from 21.04.2025 to 22.04.2025. The writ petition is disposed of accordingly. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS WP(CRL.) NO. 381 OF 2025 5 2025:KER:31278 APPENDIX OF WP(CRL.) 381/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE NOTICE ISSUED TO THE FATHER OF THE CONVICT FROM THE KSFE EXHIBIT P2 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 14.03.2025 EXHIBIT P3 TRUE COPY OF THE REJECTION LETTER ISSUED BY THE 4TH RESPONDENT DATED 17.03.2025 EXHIBIT P4 THE TRUE COPIES OF THE AGREEMENTS PERTAINING TO THE SALE OF THE VEHICLES OF THE CONVICT