USHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the wife of one Ramaswami, who is undergoing incarceration pursuant to conviction in S.C. No.936 of 2009 on the file of the First Additional Sessions Judge, Thiruvananthapuram. He is presently housed in the Central Prison, Thiruvananthapuram as convict No.1976.

(2.) It appears that the finding of guilt was confirmed by this Court by Exhibit-P1 judgment in Crl.A. No.35 of 2013. However, substantive sentence was reduced to imprisonment for a period of three years. It is submitted that the aforesaid Ramaswami has been undergoing incarceration from 24.04.2017 onwards.

(3.) According to the petitioner, the marriage of her daughter is scheduled to be held on 21.04.2019 at Vinayaka Auditorium, Thiruvananthapuram. She has produced Exhibits-P2 to P5 to substantiate her contention. As the father of the bride, the presence of Ramaswami is indispensable on the momentous day. Seeking emergency leave, he has filed Exhibit-P6 application before the Superintendent, Central Prison. The grievance of the petitioner is that the said application has not been considered till date.