Radhamony vs State Of Kerala
2021 Latest Caselaw 6257 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                      WP(C).No.20475 OF 2019(H)


PETITIONER:

               RADHAMONY, AGED 64 YEARS,
               W/o RAJAPPAN, VATTAKKUNNEL HOUSE,
               NEEZHOOR P.O., KOTTAYAM-686 612.

               BY ADVS.SRI.P.MOHAMED SABAH
                      SMT.SAIPOOJA

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY SECRETARY, HOME DEPARTMENT,
               GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

      2        DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
               SERVICES,
               KERALA PRISON AND CORRECTIONAL SERVICES DEPARTMENT,
               POOJAPPURA, THIRUVANANTHAPURAM-695 012.

      3        SUPERINTENDENT,
               CENTRAL PRISON AND CORRECTIONAL SERVICES,
               VIYYUR, THRISSUR-680 010.

               BY PUBLIC PROSECUTOR SRI. E.C.BINEESH




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.20475 of 2019              2



                               JUDGMENT

The mother came up against the order of Review

Committee rejecting the request for a parole of a life

convict who was initially imposed with death penalty on

account of the nature and gravity of the offence of

murder of a minor girl after committing rape on her.

The death penalty was reduced to life imprisonment by

this court in an appeal preferred. He is in jail from

14.01.2003 onwards. His parole application was

dismissed based on the report of the Probation Officer

by the Review Committee mainly on the ground of gravity

of the offence alleged and his jail breaking. An

incident of recovery of two mobile phones was also

brought to the notice of this court by the learned

Public Prosecutor. Hence there is no reason to

interfere with the order of the Review Committee.

The writ petition is dismissed accordingly.

Sd/-

P.SOMARAJAN

JUDGE DMR/-

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE REPLY BEARING NO.4(R) 65/19 DATED 19.6.19 UNDER RIGHT TO INFORMATION ACT FROM THE OFFICE OF 3RD RESPONDENT.

EXHIBIT P2 PHOTOCOPY OF THE REPLY UNDER RIGHT TO INFORMATION ACT TO ADV.D.B. BINU BY SUPERINTENDENT, CENTRAL PRISON, THIRUVANANTHAPURAM.

EXHIBIT P3 PHOTOCOPY OF THE REPLY TO ADV. BINU ON 26.2.13 BY THE 3RD RESPONDENT UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P4 PHOTOCOPY OF THE APPLICATION DATED 24.12.15 GIVEN BY AZEEZ (C-417) UNDER RIGHT TO INFORMATION ACT TO THE INFORMATION OFFICER, CENTRAL PRISON, POOJAPPURA.

EXHIBIT P5 PHOTOCOPY OF THE REPLY UNDER R.T.I. GIVEN TO AZEEZ (C417) BY THE PUBLIC INFORMATION OFFICER, CENTRAL PRISON, THIRUVANANTHAPURAM.

EXHIBIT P6 PHOTOCOPY OF THE JUDGMENT IN WPC 1712/2018 DATED 24.1.18 OF THE HON'BLE HIGH COURT OF KERALA.

RESPONDENTS' EXHIBIT: NIL

// TRUE COPY //

P.A. TO JUDGE