Citation : 2023 Latest Caselaw 3624 Ker
Judgement Date : 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
WP(CRL.) NO. 314 OF 2023(S)
PETITIONER:
SANDHYA, AGED 44, W/O JOSHI, AANJILIVELLIL HOSE,
CHEMPU P.O, VAIKOM, KOTTAYAM DISTRICT - 686 608.
RESPONDENTS:
1. THE SECRETARY, HOME DEPARTMENT, STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2. DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES, PRISONS
HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM- 695 012.
3. THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR, THRISSUR DISTRICT- 680
010.
4. THE STATION HOUSE OFFICER, VAIKOM POLICE STATION, KOTTAYAM DISTRICT,
PIN - 686 141.
Writ petition (criminal) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(Crl.) the
High Court be pleased to direct the respondent no. 1 to 3 to grant
ordinary leave/parole to the husband of the petitioner by extending the
benefit of Rule 397 of Kerala Prisons and Correctional Services
(Management), Rules, 2014 on regular basis pending disposal of the above
writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(Crl.) and upon hearing the arguments
of M/S P.MOHAMED SABAH, LIBIN STANLEY, SAIPOOJA, SADIK ISMAYIL,
R.GAYATHRI, M.MAHIN HAMZA & ALWIN JOSEPH, Advocates for the petitioner and
of PUBLIC PROSECUTOR for the respondents, the court passed the following:
P.T.O.
BECHU KURIAN THOMAS, J.
-----------------------------------------
W.P.(Crl) No.314 of 2023
----------------------------------------
Dated this the 29th day of March, 2023
ORDER
Since Crl.Appeal No.596/2020 is pending consideration before this
Court, this writ petition seeking parole for the appellant has to be posted
before the Division Bench considering the appeal.
Post before the Division Bench dealing with criminal appeals as
per roster in view of the judgment in Amal v. State of Kerala W.P.
(C)No.19052/2020 dated 08-04-2021.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM/29/3/23
29-03-2023 /True Copy/ Assistant Registrar
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