SHIBU T.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed by the convict, who is undergoing imprisonment, to release him on emergency leave for a period of 15 days.

(2.) The petitioner is the accused in S.C.No.248/2015 on the file of the Additional Sessions Court I, (Special Court under the POCSO Act), Thodupuzha. He was convicted for the offences punishable under Ss. 376(2)(i) and 376(2)(n) of IPC and Sec. 5(l) and (m) r/w Sec. 6 of the Protection of Children from Sexual Offences Act. He is sentenced for life imprisonment and undergoing sentence since 31/10/2019.

(3.) According to the petitioner, he was brought up by his father's sister, Leela Madhavan, to whom he is extremely attached. It is stated that he was living with his aunt till he was convicted in 2019. It is further stated that, his aunt is suffering from severe breast cancer and he wishes to visit her and spend some time with her before she breaths last. Hence, the petitioner filed Annexure 3 application before the 3rd respondent seeking emergency leave invoking Rule 400(1) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (for short 'the Prison Rules'). However, the 3rd respondent dismissed the said application. It is in these circumstances, the above Crl.M.C has been filed.