IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36423 of 2010(C)
1. C. PRADEEP, S/O. CHELLAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUPERINTENDENT,
For Petitioner :SRI.B.RENJITHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :10/12/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 36423 of 2010 C
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Dated this the 10th day of December, 2010
J U D G M E N T
Petitioner has approached this Court praying that
the respondents should be directed to grant a week’s leave to
his father Sri.V.Chellappan, Prisoner No.C.5639 of Central
Prison, Poojappura, Thiruvananthapuram for his treatment for
heart ailments.
2. It is the case of the petitioner that his father is
undergoing imprisonment on being convicted for the offence
under Section 138 of the Negotiable Instruments Act. It is
stated that he had undergone a bypass surgery in the Amrita
Institute of Medical Sciences at Ernakulam and that for review
he has to attend the hospital for which the leave is required. It
is in this background, the writ petition is filed seeking a
direction as above.
3. Learned Government Pleader has obtained
instructions from the Superintendent of the Central Jail.
According to the Superintendent, while convicting and
W.P.(C) No.36423/10
: 2 :
sentencing the petitioner’s father, the Judicial First Class
Magistrate, Kayamkulam has ordered that he should be given
regular medical check up. It is stated that the prisoner was
examined by the Jail Medical Officer and that he has been
admitted in the Jail Hospital. It is also stated that necessary
arrangements will be made to take the petitioner’s father for
his regular medical check up at Amrita Hospital, Ernakulam
on 22-12-2010.
4. Thus, from the instructions obtained by the learned
Government Pleader, it is evident that the trial court and also
the jail authorities are fully conscious of the necessity of giving
medical treatment to the petitioner’s father and that they have
also made arrangements for producing the petitioner’s father
at the Amrita Hospital itself for his medical check up. In such
circumstances, I do not think it necessary to pass any further
orders as sought for.
Writ petition fails and it is dismissed.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks