Kerala High Court
WP(Crl.)/470/2025 of SANGEETHA SUDHAKARAN Vs STATE OF KERALA on 11 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(CRL.) NO. 470 OF 2025 PETITIONER: SANGEETHA SUDHAKARAN AGED 34 YEARS WIFE OF NIBIN JOSEPH, KOCHUTHOPPIL HOUSE, PARUMALA PO, THIRUVALLA, PATHANAMTHITTA,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(CRL.) NO. 470 OF 2025
PETITIONER:
SANGEETHA SUDHAKARAN
AGED 34 YEARS
WIFE OF NIBIN JOSEPH, KOCHUTHOPPIL HOUSE, PARUMALA PO, THIRUVALLA, PATHANAMTHITTA, PIN - 689626
BY ADVS.
ANANTHAKRISHNAN A. KARTHA
ANIL D.KARTHA
SURESH G.
SHARATH ELDO PHILIP
SREEKUMAR G.
ANANTHASANKAR A. KARTHA
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SRI. M.P. PRASANTH, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is stated to be the wife of Nibin Joseph who is a convict undergoing imprisonment at Central Prison and Correctional Home, Thiruvananthapuram. It is submitted that the petitioner and the convict though not legally wedded are in a live in relationship and a child was born in their relationship. The marriage of the brother of the petitioner is scheduled on 14.04.2025. The petitioner seeks interim bail to the convict for a period of two months to attend the marriage.
2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. It is submitted that the petition filed by the petitioner’s husband to suspend the execution of sentence has already been dismissed. The learned Public Prosecutor strongly opposed the petition on the ground that the convict is not entitled for any kind of leave. It is true that the reason shown by the petitioner would not fall within the purview of
Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules, 2014. However, considering the entire facts and circumstances of the case, I am of the view that the convict can be granted an escort parole for a day to attend the marriage. Hence, the Jail Superintendent, Central Prison and Correctional Home, Thiruvananthapuram is directed to grant an escort parole to the convict on 14.04.2025 to attend the marriage of the brother of the petitioner. The petitioner shall produce a copy of this judgment before the Jail Superintendent, Central Prison and Correctional Home, Thiruvananthapuram for compliance. The Writ Petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR
APPENDIX OF WP(CRL.) 470/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE MARRIAGE INVITATION INTIMATING THE MARRIAGE OF THE BROTHER OF THE PETITIONER