2025:KER:28451 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(CRL.) NO. 411 OF 2025 PETITIONER: DEVAKI AGED 64 YEARS W/O LATE SUDEVAN , PADINJAMURI (H), KARAPOTTA, KANNAMBRA P.O, PALAKKAD DISTRICT, PIN - 678686 BY ADVS. JERRY MATHEW DEVIKA K.R. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR GENERAL OF PRISONS JAIL HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695001 3 THE SUPERINTENDENT CENTRAL PRISON & CORRECTIONAL HOME, PODIKKUNDU, KANNUR, PIN - 670004 BY ADV. SMT.SREEJA V., SENIOR PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28451 W.P.(CRL) NO.411 OF 2025 2 JUDGMENT The condition imposed in Ext.P1 while granting ordinary leave to the petitioner’s son is under challenge in this Writ Petition. 2. The petitioner’s son was granted ordinary leave as per Ext.P1 for thirty days from 22.07.2024 with a condition that he shall not enter into the Palakkad District. The said condition is under challenge in this Writ Petition. 3. I have heard Sri. Jerry Mathew, the learned counsel for the petitioner and Smt. Sreeja V., the learned Public Prosecutor. 4. The ordinary leave granted as per Ext.P1 was over and the petitioner’s son had returned to the jail. The learned counsel for the petitioner submitted that unless the said condition is lifted, the very same condition will be imposed when the petitioner’s son applies for ordinary leave again. Since the ordinary leave granted as per Ext.P1 is 2025:KER:28451 W.P.(CRL) NO.411 OF 2025 3 already over, the prayer in this Writ Petition has become infructuous. Hence, this Writ Petition is dismissed without prejudice to the right of the petitioner to approach again when similar condition is imposed in future while granting ordinary leave. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR 2025:KER:28451 W.P.(CRL) NO.411 OF 2025 4 APPENDIX OF WP(CRL.) 411/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER CPK/R-71/23(16- 47) ISSUED BY THE 3RD RESPONDENT DATED 22.07.2024 Exhibit P2 A TRUE COPY OF THE ORDER KPCS/CP/TVNR/1474/2023 ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME, THAVANUR DATED 20.01.2025 Exhibit P3 A TRUE COPY OF THE ORDER OF THIS HON’BLE COURT SUSPENDING THE SENTENCE OF THE CONVICTS IN CRL.M.A NO.1 OF 2025 IN CRL.A 2113 OF 2024 DATED 14.02.2025 RESPONDENTS’ EXHIBITS: NIL