Sini P. Antony vs State Of Kerala
2024 Latest Caselaw 9213 Ker

Kerala High Court

Sini P. Antony vs State Of Kerala on 3 April, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA,
                         1946
                WP(C) NO. 39802 OF 2023
PETITIONER:

         SINI P. ANTONY, AGED 49 YEARS
         D/O. LATE P. ANTONY,
         CONVICT NO. 215, VIYYOOR VANITHA JAIL,
         THRISSUR - 680 010,
         PERMANENT ADDRESS : MARIYAM PALACE,
         PATHRAKKADAVIL, KOTTANELLOOR P.O.,
         VELLANKALLOOR, THRISSUR, PIN - 680 662.
         BY ADVS.
         R.SUDHISH
         M.MANJU
         A.N.PREMLAL
RESPONDENTS:

   1     STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF HOME AFFAIRS,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001.
   2     THE DIRECTOR GENERAL OF POLICE,
         KERALA POLICE HEADQUARTERS,
         THIRUVANANTHAPURAM, PIN - 695 010.
   3     THE DIRECTOR GENERAL OF POLICE (PRISONS),
         KERALA OFFICE OF THE DIRECTOR GENERAL OF
         POLICE (PRISONS), POOJAPPURA,
         THIRUVANANTHAPURAM, PIN - 695 012.
   4     THE SUPERINTENDENT OF POLICE (PRISON)
         VIYYOOR VANITHA JAIL,
         VIYYOOR, THRISSUR, PIN - 680 010.
         BY ADVS.
         ADVOCATE GENERAL OFFICE KERALA
         DIRECTOR GENERAL OF PROSECUTION(AG-10)
         P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
         PROSECUTOR()
         SRI.ASHI M.C., PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) 39802/2023

                                                 2




                             BECHU KURIAN THOMAS, J
                        ......................................................
                                W.P.(C).No.39802 of 2023
                         ...................................................
                        Dated this the 3rd day of April, 2024


                                         JUDGMENT

Petitioner has sought for the following reliefs :

i.Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P3 Government Order G.O.No.62/2023/Home Affairs dated 14.07.2023. ii.Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to release the petitioner from the prison by duly remitting the period of imprisonment. iii.Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider Exhibit P5 within a time frame fixed by this Honourable Court. iv.Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to release the petitioner to parole for 2 months to look after the aged mother of the petitioner.

2. Petitioner is a convict having been convicted in S.C.No.935/2015 on

the files of the Special Court for the trial of NDPS Act cases

(Additional Sessions Court-II), Thiruvananthapuram. She was

convicted and sentenced to undergo simple imprisonment for 10

years and to pay an amount of Rs.1,00,000/- under Section 21(c) of WP(C) 39802/2023

the Narcotic Drugs and Psychotropic Substances Act, 1985.

Petitioner has filed Ext.P5 representation before the Government,

seeking remission of the sentence of imprisonment imposed upon

her. She alleges that she has already undergone nine years and one

month in custody, and therefore, if the representation is considered,

there is every chance that she would be released from prison.

3. Having heard Sri.R.Sudhish, the learned counsel for the petitioner

and Sri.Ashi M.C., the learned Public Prosecutor, i am of the view

that this writ petition can be disposed of with a direction.

4. Since Ext.P5 representation dated 09.11.2023, filed by the petitioner,

is pending consideration before the first respondent, there will be a

direction to the competent authority under the first respondent to

consider and pass appropriate orders on Ext.P5, as expeditiously as

possible, at any rate, within a period of two months from the date

of receipt of a certified copy of this judgment.

The writ petition is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/04/04/2024 WP(C) 39802/2023

APPENDIX OF WP(C) 39802/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN CRL. APPEAL NO. 806 OF 2016 ON THE FILE OF THE HONOURABLE HIGH COURT DATED 29.5.2019.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 14.3.2023 IN W.P.(C) NO. 8255 OF 2023 OF THE HONOURABLE HIGH COURT OF KERALA.

EXHIBIT P3 TRUE COPY OF G.O. NO. 62/2023/HOME AFFAIRS DATED 14.7.2023.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S DAUGHTER DATED 31.7.2023 BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 9.11.2023.

TRUE COPY