Kerala High Court
Hemalatha vs State Of Kerala on 7 December, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY ,THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940
WP(C).No. 38038 of 2018
PETITIONERS:
1 HEMALATHA,AGED 46 YEARS
D/O SATHY DEVI ADITH BHAVAN CHIRAYIL NJARAKKAL
PERINAD PO KOLLAM
2 USHAKUMARI,AGED 50 YEARS
W/O. SUNDARAN,
LAKSHAM VEEDU,
JAWAHAR COLONY, KARIMANKODE P.O.,
PERINGAMALA, THIRUVANANTHAPURAM 695562
3 K. LALITHA,AGED 60 YEARS
D/O. KAMALAMMA, LAKSHAM VEEDU,
JAWAHAR COLONY,
KARIMANKODE P.O.,
PERINGAMALA, PALODE,
THIRUVANANTHAPURAM 695562
4 APPU,AGED 54 YEARS
S/O. RAGHAVAN, BLOCK 28, EX. COLONY P.O.,
NEAR JAWAHAR COLONY, PALODE, THIRUVANANTHAPURAM
695562
BY ADVS.
SRI.K.S.MADHUSOODANAN
SMT.C.C.BINDHYA
SMT.S.JESSIN
SRI.K.S.MIZVER
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
RESPONDENTS:
1 STATE OF KERALA
TO BE REPRESENTED BY SECRETARY HOME DEPARTMENT
GOVERNMENT OF KERALA THIRUVANANTHAPURAM
PIN-695001
2 DIRECTOR GENERAL OF PRISON
AND CORRECTIONAL SERVICES,
KERALA PRISON AND CORRECTIONAL SERVICES DEPARTMENT,
GOVERNMENT OF KERALA, POOJAPPURA, THIRUVANANTHAPURAM
695012
WP(C).No. 38038 of 2018 2
3 SUPERINTENDENT,
CENTRAL PRISON AND CORRECTIONAL HOME, POOJAPPURA,
THIRUVANANTHAPURAM 695012
SR.PP. SRI. C.S. HRITHWIK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The first petitioner is the cousin of one Goutha Kumar and the other petitioners are mothers of Sudheesh, Sumesh, Sunil Kumar and Biju who are undergoing imprisonment for life in Central Prison, Thiruvananthapuram as they have been convicted of certain offences including the offence of murder. They applied for ordinary parole. But that was not granted. The prayer in this Writ Petition is to issue direction to respondents 1 to 3, who are the State of Kerala, Director General of Prison and Correctional Services and Superintendent of Central Prison respectively to grant the convicts ordinary parole.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. It is an admitted fact that the police reports were not in favour of granting ordinary WP(C).No. 38038 of 2018 3 parole to the convicts. Rule 469 of Kerala Prisons and Correctional Services (Management) Rules provides that if more than one reports are not in favour of a convict in granting parole the Prison Advisory Board may recommend to the government to grant him ordinary prole and the government may grant him ordinary parole. Learned Public Prosecutor submits that the request of the petitioners except that of convict Biju will be placed before the Prison Advisory Board at its next meeting a more than one report have been received except in the case of Biju. This is in conformity with Rule 469 mentioned above. In the case of Biju only one report has been received so far. So his request cannot be placed before the Advisory Board under Rule 469. In these circumstances, it is only proper that this Writ Petition is disposed of directing the authority concerned to place the request of the convicts except that of Biju before the Prison Advisory Board at its next meeting. The next meeting shall be convened within a reasonable time and to the extent possible within thirty days from the date of receipt or WP(C).No. 38038 of 2018 4 production of a copy of this judgment, whichever is earlier. Accordingly,with these directions this Writ Petition is disposed of. Sd/-
K.ABRAHAM MATHEW JUDGE pm APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE FORWARDING LETTER DATED
4.6.18 BEARING NO.CP12/RIA36/18 EXHIBIT P2 PHOTOCOPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT TOGETHER WITH REPLY DATED 28.7.18 BEARING NO. 21/R1/18K EXHIBIT P3 PHOTOCOPY OF THE FORWARDING LETTER DATED 22.8.18 BEARING NO. CP12/RIA-63/18 EXHIBIT P4 PHOTOCOPY OF THE TREATMENT CERTIFICATE BEARING NO RCC/2018/TC/5409 DATED 31.7.18 EXHIBIT P5 PHOTOCOPY OF THE APPLICATION TO 2ND RESPONDENT DATED 5.11.18 BY THE 1ST PETITIONER EXHIBIT P5 (a) PHOTOCOPY OF THE APPLICATION TO 2ND RESPONDENT DATED 5.11.18 BY THE 2ND PETITIONER EXHIBIT P5 (b) PHOTOCOPY OF THE APPLICATION TO 2ND RESPONDENT DATED 5.11.18 BY THE 3RD PETITIONER EXHIBIT P5 (c) PHOTOCOPY OF THE APPLICATION TO 2ND RESPONDENT DATED 5.11.18 BY THE 4TH PETITIONER EXHIBIT P6 PHOTOCOPY OF THE JUDGMENT IN WPC 27476/12 DATED 29.5.13 OF THE HONIBLE HIGH COURT EXHIBIT P7 PHOTOCOPY OF THE JUDGMENT IN WPC 38980/17 DATED 16.1.18 OF THE HON'BLE HIGH COURT RESPONDENTS' EXHIBITS: NIL // TRUE COPY // PA TO JUDGE