Hendry Jose vs State Of Kerala
2022 Latest Caselaw 7927 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                    &
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
          Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944

               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 620 OF 2015

SESSIONS CASE NO.135/2012 OF THE 1ST ADDITIONAL SESSIONS COURT, ERNAKULAM.

PETITIONER/APPELLANT

     HENDRY JOSE, S/O. HENDRY, KURUPPATH HOUSE, KONGORPILLY KARA, ALANGAD
     VILLAGE, NOW RESIDING NEAR MANACKAPADY JUNCTION, PUTHIYEDAM KARA,
     KANJOR KIZHAKKUMBAGAM VILLAGE.

RESPONDENT/COMPLAINANT

     STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM.


     Application praying that in the circumstances stated therein the
High Court be pleased to allow to the petitioner for attending the prayers
of the petitioner's deceased father.


     This Application coming on for orders upon perusing the application
and this Court's judgment dated 03/09/2019 in Crl.A.No.620/2015 and upon
hearing the arguments of SRI.RENJITH B.MARAR, SMT.RESHMI JACOB and
SRI.K.V.SABU, Advocates for the petitioners and of PUBLIC PROSECUTOR for
the respondent, the court passed the following:




                                                                     P.T.O
          K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
          ------------------------------------
                   Crl.M.A No.1 of 2022
                            in
                Crl.Appeal No.620 of 2015
          -------------------------------------
          Dated this the 29th day of June, 2022


                                O R D E R

Jayachandran, J.

1. Petitioner/appellant is the first accused in S.C.

No.135/2012 of the Additional Sessions Court-I,

Ernakulam. He, along with the second accused, were

found guilty of the offences, inter alia, under S.302

of the Penal Code and is presently undergoing life

imprisonment. The judgment of the learned Sessions

Judge was confirmed by a Division Bench of this Court

as per judgment dated 3.9.2019 in the above appeal.

2. The instant application is preferred under

Section 482, Cr.P.C, by the petitioner seeking 10 days

parole in order to enable him to attend the religious

rites/prayers in connection with the 30th day and 41st

day of demise of his father, which are scheduled on

29.6.2022 and 11.7.2022, respectively.

3. Having heard the learned counsel appearing on

both sides, we are of the definite view that the Crl.MA 1/22 in Crl.Appeal 620/2015

instant application is not maintainable. We notice

that the above appeal has been disposed of by a

Division Bench of this Court vide judgment dated

3.9.2019 upholding the judgment of conviction and

sentence passed by the Sessions Court concerned,

insofar as the first accused/petitioner is concerned.

4. This Court has thus become functus officio,

wherefore, the direction sought for under S.482,

Cr.P.C, in the matter of grant of parole is not

maintainable. Parole is a matter to be considered by

the Jail Authorities in terms of the relevant statute.

We, therefore, dismiss the instant Criminal

Miscellaneous Application as not maintainable.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE jg

29-06-2022 /True Copy/ Assistant Registrar