Sudha Lalu vs State Of Kerala
2023 Latest Caselaw 7648 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                WP(C) NO. 17612 OF 2023
PETITIONER:

         SUDHA LALU,
         AGED 42 YEARS
         W/O LALU, KANDAMTHURUTHU HOUSE,
         AMBALAPPARAMBIL, CHENGAMANAD P.O.,
         ALUVA, ERNAKULAM, PIN - 683 578.
         BY ADVS.
         C.Y.VINOD KUMAR
         MANOJ VASU
         C.DEEPA


RESPONDENTS:

   1     STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM -
         695 001.
   2     DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
         SERVICE
         PRISON HEAD QUARTERS, POOJAPPURA,
         THIRUVANANTHAPURAM, PIN - 695 012.
   3     SUPERINTENDENT
         CENTRAL JAIL, POOJAPPURA,
         TRIVANDRUM, PIN - 695 012.
   4     STATION HOUSE OFFICER
         CHENGAMANAD POLICE STATION,
         CHENGAMANAD, ERNAKULAM, PIN - 683 578.
         SRI.NOUSHAD K.A., SR.PP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 17612 OF 2023

                                         2




                        BECHU KURIAN THOMAS, J
                       ...........................................
                          W.P.(C) No.17612 of 2023
                          .....................................
                   Dated this the 14th day of July, 2023

                                      JUDGMENT

Petitioner seeks for a direction to release her husband on

parole. A further relief is sought for a direction to the 3 rd

respondent to consider the application for parole dated

24.03.2023 submitted by the husband of the petitioner within a

time frame fixed by this Court.

2. The learned counsel for the petitioner submitted that an

application was filed on 06.08.2022, before the Deputy Inspector

General of Prisons, Thiruvananthapuram; seeking parole, which

has also not been considered for the last almost a year. It is in

these circumstances this petition had to be filed.

3. Petitioner's husband is Convict No.5171, presently undergoing

imprisonment at the Central Prison, Thiruvananthapuram for the

offences punishable under Section 302 of IPC. He was

convicted in S.C.No.480/2004 on the files of the Additional

Sessions Court, North Paravur, Ernakulam, and was sentenced to WP(C) NO. 17612 OF 2023

life imprisonment by judgment dated 16.10.2010 and has been

in custody since then. Even though petitioner has been

attempting to obtain an ordinary leave for her husband, it is

being opposed by her parents-in-law, under one pretext or the

other. Despite repeated representations, no decisions have been

taken by the 3rd respondent. It was under such circumstances

that the petitioner approached the Deputy Inspector General of

Prisons, through Ext.P2.

4. I have heard Sri.C.Y.Vinod Kumar, the learned counsel for the

petitioner and Sri.Noushad K.A., the learned Government

Pleader.

5. Even though the learned Government Pleader submitted that

petitioner's husband is not being granted ordinary leave due to

objections from his own parents apart from the police report

also being against him, I am of the view that a decision will

have to be taken when an application is filed, considering the

entire circumstances.

6. Since Ext.P2 was not filed before the 3rd respondent, which is

the authority to decide in that regard, I am of the opinion that WP(C) NO. 17612 OF 2023

an opportunity must be granted to the petitioner's

husband/petitioner to file a fresh application seeking ordinary

leave for the convict. If any such application is submitted, the

same should be considered and a decision taken in a time

bound manner.

7. In view of the above discussion, there will be a direction to the

3rd respondent to consider any application for ordinary leave

submitted either by the petitioner or by her husband, and a

decision thereon should be taken, as expeditiously as possible,

at any rate, within two months from the date of receipt of

such application.

The writ petition is disposed of as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/14/07/2023 WP(C) NO. 17612 OF 2023

APPENDIX OF WP(C) 17612/2023

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE ORDER DATED 25/5/2020 IN CRL. MP NO. 1074/20 IN MC NO. 42/2020 ON THE FILES OF THE HON'BLE JUDICIAL FIRST- CLASS MAGISTRATE - I, ALUVA EXHIBIT P2 COPY OF THE REPRESENTATION DATED 06/08/22 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY INSPECTOR GENERAL OF PRISONS, TRIVANDRUM

TRUE COPY