Shanmugham vs State Of Kerala on 27 September, 2018

[Cites 1, Cited by 0]

Kerala High Court

Shanmugham vs State Of Kerala on 27 September, 2018

Bench: K.Abraham Mathew

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

      THURSDAY ,THE 27TH DAY OF SEPTEMBER 2018 / 5TH ASWINA, 1940

                        WP(C).No. 31494 of 2018


PETITIONER:


              SHANMUGHAM
              AGED 48 YEARS
              S/O RAMAN, KOTTARAPATT HOUSE, VADAKKEKKAD,
              VAYALATHUR, NAYARANGADI, CHAVAKKAD TALUK, THRISSUR
              DISTRICT.

              BY ADV. SRI.RAJIT


RESPONDENTS:
       1     STATE OF KERALA
             REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS,
             SECRETARIAT, THIRUVANANTHAPURAM-695001

      2       THE ADDITIONAL DIRECTOR GENERAL OF POLICE (PRISONS)
              THIRUVANANTHAPURAM.

      3       THE SUPERINTENDANT
              CENTRAL PRISON, VIYYUR, THRISSUR.


              SRI. C.S.HRITHWIK SR PP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
27.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 31494 of 2018           2




                           JUDGMENT

Petitioner's brother who was the 12th accused in SC No.356 of 2007 on the file of the Ist Addl Sessions Judge, Thrissur was convicted of the offence inter alia of murder punishable under Section 302 I.P.C. Now he is undergoing imprisonment in Central Prison, Viyyur. His father died on 19.9.2018. Though he applied for emergency parole under Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules 2014, it has not been ganted. So his prayer is to direct the authorities to grant the petitioner's brother emergency parole.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. It is not in dispute that the father of the convict died this month. It is only natural justice that he is granted emergency parole.

In the result, this Writ Petition is disposed of directing the authorty concerned to consider the request of the petitioner to release his brother on emergency WP(C).No. 31494 of 2018 3 parole. The registry shall communicate the order to the Suiperintendant, Central Prison, Viyyur forthwith.

Sd/-

K.ABRAHAM MATHEW JUDGE pm APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE GOVERNMENT HOSPITAL, KUNNAMKULAM. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE. EXHIBIT P3 TRUE COPY OF THE INVITATION CARD.

RESPONDENTS' EXHIBITS:     NIL



              // TRUE COPY//           PA TO JUDGE

Unlock Advanced Research with PRISMAI

Kerala High Court