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Judgment
Dr.Kauser Edappagath, J
The petitioner's husband is a convict in S.C.No.681 of 2021 on the files of the Additional Sessions Judge, Thrissur having been convicted for offences under Sections 342, 370, 376AB & 449 of the Indian Penal Code, 1860, as well as Section 6 r/w 5(l) and (m) and Section 12 r/w Sections 11 (iv) & 11 (vi) of the Protection of Children from Sexual Offences Act, 2012.
The convict has undergone imprisonment from 31.01.2022 at Viyyur Central Prison and has completed imprisonment for more than three years and seven months. According to the petitioner, her 11 year old daughter sustained a road accident and surgery was scheduled on 22.11.2024. It was in these circumstances, she approached this Court, seeking emergency leave for a period of two months for her husband.
I have heard Sri.Lavaraj M.G., the learned counsel for the petitioner and Smt.Seetha S., the learned Senior Public Prosecutor.
The learned counsel for the petitioner submits that the surgery scheduled on 22.11.2024 was postponed to 02.12.2024 and it was conducted on that day. The learned counsel further submits that the daughter of the petitioner is still in the hospital and there is nobody to look after her other than the petitioner.
The report submitted by the Station House Officer, Athirappilly Police Station confirms that the petitioner's daughter met with an accident, underwent a surgery on 02.12.2024 and at present, she is hospitalized at Medical College, Thrissur. It is true that, in normal circumstances the petitioner could have approached the Jail Superintendent seeking emergency leave. However, it is a case, where the petitioner's daughter met with an accident and was hospitalized, and hence the petitioner rushed to this Court.
Taking into account the fact that the petitioner's daughter, who is already suffering from Bilateral Foot Deformity, sustained a road accident, underwent a surgery and is still in the hospital, I am of the view that the convict could be granted leave for ten days, with effect from 07.12.2024, to be beside his daughter.
In the result, the 3rd respondent is directed to release the convict on emergency leave for a period of ten days from tomorrow (o7.12.2024) onwards after imposing the regular conditions. The convict shall return back to prison on the expiry of ten days, without fail.
The Writ Petition is disposed of as above.