Kerala High Court
Suhasini vs State Of Kerala on 4 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:39380
WP(CRL.) NO. 622 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(CRL.) NO. 622 OF 2023
PETITIONER/S:
SUHASINI
AGED 55 YEARS
W/O VENUGOPAL T.V. (C. NO. 9484)
KOLLAMPARAMBIL HOUSE KUMILY P.O.,
IDUKKI -, PIN - 685509
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SHRI.ARUN POOMULLI
SMT.PREETHA S CHANDRAN
SHRI.ABHIJITH SREEKUMAR
SHRI.ANAND REMESH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT
OF KERALA, PIN - 682031
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES
PRISONS DEPARTMENT, POOJAPPURA
THIRUVANANTHAPURAM, PIN - 695012
3 SUPERINTENDENT OF PRISON,
CENTRAL PRISON AND CORRECTIONAL HOME, VIYYUR,
THRISSUR, PIN - 680010
2025:KER:39380
WP(CRL.) NO. 622 OF 2023
2
OTHER PRESENT:
SR PP SMT SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:39380
WP(CRL.) NO. 622 OF 2023
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.622 of 2023
----------------------------------------------
Dated this the 04th day of June, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of mandamus or such other writ direction or orders commanding the Respondents to release the Petitioner's husband Venugopal T.V., C. No. 9484, Central Prison and Correctional Home, Viyyur, Thrissur, on parole/ordinary leave;
ii. Issue a writ in the nature of Mandamus or such other writ, direction, or order, commanding the Respondents to furnish a copy of the decision taken by them as regards the Petitioner's husband's regularisation of overstay, and grant of parole, in light of the Exhibit P-11 order of this Court.
iii. Declare that more than one year has elapsed from the time the Petitioner's husband was re-lodged in prison and therefore, the Petitioner is entitled to be released on parole under Rule 400(5) of the Kerala Prisons and Correctional Services (Management) Rules, 2014;
2025:KER:39380 WP(CRL.) NO. 622 OF 2023 4 iv. To dispense with the filing of English translation of vernacular documents.
v. Pass such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(SIC)
2. The main prayer in this writ petition is to issue a direction to the respondents to release the petitioner's husband Venugopal T.V., Convict No. 9484, on parole/ordinary leave. According to the petitioner, he is in jail for about 14 years. The Public Prosecutor submitted that, earlier when a parole was given to the petitioner's husband for 7 days, he absconded for about 13 years. Thereafter he was arrested and sent to jail. I do not want to make any observation about the same. Now it is submitted that he completed about 14 years.
Therefore, the petitioner can file a fresh application for parole/ordinary leave for her husband. If such an application is filed, there can be a direction to consider the same.
Therefore, this writ petition is disposed of with following directions:
1. The petitioner is free to file an application for parole/ordinary leave to 2025:KER:39380 WP(CRL.) NO. 622 OF 2023 5 the 3rd respondent within three weeks from the date of receipt of a copy of this judgment.
2. If such an application is filed, the 3 rd respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within six weeks from the date of receipt of the representation.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE 2025:KER:39380 WP(CRL.) NO. 622 OF 2023 6 APPENDIX OF WP(CRL.) 622/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THIS COURT IN WP(C) NO. 34699/2015 DATED 14.12.2015 Exhibit P2 A TRUE COPY OF THE ORDER IN GO(RT) NO.828/2016/HOME DATED 03.03.2016 Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THIS COURT IN WP(C) NO. 40580/2017 DATED 14.06.2018 Exhibit P4 A TRUE COPY OF THE ORDER IN GO(RT)NO 1531/2019/HOME DATED 14.06.2019 Exhibit P5 A TRUE COPY OF THE JUDGEMENT OF THIS COURT IN CON. CASE (C) NO. 1106/2019 IN WP (C) NO. 40580/2017 DATED 19.06.2019 Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THIS COURT IN WP(C) NO. 16755/2020 DATED 09.09.2020 Exhibit P7 A TRUE COPY OF THE RTI REPLY NO.B2/109/2021/HOME DATED 9.4.2021 ALONGWITH G.O. (RT) NO. 671/2021/HOME DATED 01.03.2021 Exhibit P8 A TRUE COPY OF THE RTI APPLICATION DATED 20.05.2022 OF THE PETITIONER'S HUSBAND Exhibit P9 A TRUE COPY OF THE RTI REPLY NO.R1- 2781/2022/CPV OF THE 3RD RESPONDENT DATED 21.05.2022 Exhibit P10 A TRUE COPY OF THE MINUTES OF THE MEETING DATED 11.04.2022 OF THE PRISON ADVISORY BOARD, CENTRAL PRISON AND CORRECTIONAL HOME, VIYYUR Exhibit P11 A TRUE COPY OF THE JUDGEMENT OF THIS COURT IN WP(CRL) NO. 698/2022 DATED 29.09.2022