Under Trial Prisoner – Women Prisoners – Production of the accused from jail on all posting dates – shortage of Women Police Personnel for attending such duties – whenever request is made from the jail, for police escort to take prisoners to courts, it shall be seriously honoured, and remand prisoners shall be promptly produced in courts.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.M.C Nos.6336 & 6337 of 2014
Dated this the 20th November, 2014
AGAINST CC 232/2006 of J.M.F.C.-II, KOLLAM CRIME NO. 1511/2013 OF ERAVIPURAM POLICE STATION , KOLLAM
BY ADV. SRI.SYAM J SAM
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT
1. STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF PROSECUTION(JAIL) THIRUVANANTHAPURAM THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. THE DISTRICT POLICE CHIEF THRISSUR, THRISSUR DISTRICT. 3. SUPERINTENDENT VANITHA JAIL, CENTRAL PRISON, VIYYOOR.
R1- R3 BY PUBLIC PROSECUTOR SMT.S.HYMA
O R D E R
The petitioner is the same in these two proceedings. She is involved as accused in some cases. In these proceedings, her grievance is regarding C.C Nos.1496/2010 and 1449 of 2010 before the Judicial First Class Magistrate Court-I, Kottarakara. On a complaint that she is not being promptly and properly produced before the court as an under trial prisoner, she seeks direction to the learned Magistrate to cause production of the accused from jail on all posting dates. As required by this Court, the District Police Chief, Thrissur, and also the learned Judicial First Class Magistrate-I, Kottarakara submitted report regarding the present factual situation. The learned Magistrate has reported that the petitioner was later produced in court in the two cases, and that she was granted bail also. It is also reported that as she could not procure necessary sureties, she is still continuing in jail. The District Police Chief, Thrissur has reported that in view of the circular issued by the State Police Chief on the subject, all the officers concerned have been properly and promptly directed to ensure production of all women prisoners in court under sufficient and effective escort. It is true that the report shows that at present there is shortage of Women Police Personnel for attending such duties. This cannot at all be an excuse. Whenever production of any remand prisoner; man or woman, is ordered by the court, the District Police Chief or other appropriate authority will have to provide necessary Police Personnel for escort, and he cannot find any excuse in such a situation. However, the State Police Chief has now issued a circular on the subject and has directed all the responsible officers to comply with the circular strictly.
In view of the report of the learned Magistrate that the petitioner was produced in court without delay, after orders issued by this court, and that she was also granted bail, these two proceedings need not continue further. However, a direction will have to be made to respondents 2 and 3 to see that whenever request is made from the jail, for police escort to take prisoners to courts, it shall be seriously honoured, and remand prisoners shall be promptly produced in courts.
In the result, these two petitions are closed, however, with direction to the respondents 2 and 3 that there shall not be any latches or delay on the part of the police in providing policeescort requested by the jail authorities, and that remand prisoners shall be properly and promptly produced whenever ordered by the courts concerned.
ma /True copy/ P.S to Judge