Sajeendrakumar @ Aji vs State Of Kerala
2024 Latest Caselaw 9174 Ker

Kerala High Court

Sajeendrakumar @ Aji vs State Of Kerala on 3 April, 2024

WP(CRL.) NO. 786 OF 2023             1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                           WP(CRL.) NO. 786 OF 2023
PETITIONER/S:

             SAJEENDRAKUMAR @ AJI
             AGED 42 YEARS
             S/O. SUKUMARAN, C.NO.2921, CENTRAL PRISON AND
             CORRECTIONAL HOME,POOJAPPURA, THIRUVANANTHAPURAM.,
             PIN - 695012
             BY ADV KEERTHI JAYANANDHAN


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE HOME SECRETARY, GOVT.
             SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
     2       THE SUPERINTENDENT
             CENTRAL PRISON, POOJAPPURA,
             THIRUVANANTHAPURAM., PIN - 695012



             SR PP RENJITH GEORGE


   THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 786 OF 2023              2




                                  JUDGMENT

Dated this the 3rd day of April, 2024

The prayers in this Writ Petition filed under Article 226 of the

Constitution of India are as follows:

"1. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant parole for 30 days to the petitioner who is undergoing imprisonment in the Central Prison, Poojappura, Thiruvananthapuram.

2. And to pass such other appropriate writs, orders or directions which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.

3. To dispense with the translation of the document in the vernacular language."

2. Even though the learned counsel for the petitioner argued

that the request for parole at the instance of the petitioner was denied

by the authorities, the learned Public Prosecutor in response to his

contentions submitted that no application so far filed either by the

accused or by his relatives and there is a bar under Section 397(L)(ii) of

the Kerala Prisons and Correctional Services (Management) Rules 2014 to

grant parole to the petitioner.

3. Granting parole is governed by the Rules and Procedure

established by law. Therefore, if the petitioner is entitled to parole, he

is at liberty to apply for the same and the authorities can consider the

same strictly, in accordance with law.

Therefore, this Writ Petition (Crl.) is disposed of giving liberty to

the petitioner or his relatives to apply for parole and consideration of

the same by the authorities shall be strictly in accordance with the Rules

and Regulations and not otherwise.

Sd/-

                                              A. BADHARUDEEN
ab                                                JUDGE