Prasanna vs State Of Kerala
2024 Latest Caselaw 32147 Ker

Kerala High Court

Prasanna vs State Of Kerala on 7 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
                             WA NO. 1245 OF 2024
    AGAINST JUDGMENT DATED 14-08-2024 IN WP(Crl.) 90/2024 OF THIS COURT
APPELLANT(S)/PETITIONER:

     PRASANNA, AGED 59 YEARS W/O.RAJAN, VELLAMATHUKUDI HOUSE, KEEZHILLAM
     (P.O), PERUMBAVOOR, ERNAKULAM (DIST)., PIN - 683541

BY ADV.K.DEEPA PAYYANUR

RESPONDENT(S)/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, PIN - 682031
  2. THE ADDL. CHIEF SECRETARY TO HOME DEPARTMENT, GOVERNMENT OF KERALA,
     SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
  3. THE DIRECTOR GENERAL OF POLICE (PRISONS), POLICE HEAD QUARTERS,
     THIRUVANANTHAPURAM., PIN - 695001
  4. THE SUPERINTENDENT OF PRISON, OPEN PRISON & CORRECTION HOME
     NETTUKALTHERI, THIRUVANANTHAPURAM (DIST)., PIN - 695572
  5. THE CHAIRMAN ,JAIL ADVISORY COMMITTEE, OPEN PRISON & CORRECTION HOME
     NETTUKALTHERI, THIRUVANANTHAPURAM (DIST)., PIN - 695572

BY SRI P NARAYANAN,SPECIAL GOVERNMENT PLEADER

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the 2nd respondent to release the petitioner's husband,
Sri.Rajan(Convict No.2761), on parole, so as to secure the ends of
justice, pending final disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders on 07/11/2024, upon
perusing the apeal memorandum and this court's order dated 10/10/2024, the
court on the same day passed the following:
                            Nitin Jamdar, C.J. & S. Manu, J.
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                                W.A.No.1245 of 2024
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                       Dated this the 7th day of November, 2024

                                            ORDER

Nitin Jamdar, C.J.

Heard Ms. Deepa. K. Payyanur, learned counsel for the Appellant and Mr. P. Narayanan, learned Special Government Pleader appearing for Respondent Nos. 1 to 5.

2. From the decision of the Hon'ble Supreme Court in the case of Joseph v. State of Kerala [(2023) 4 ILR (Ker) 273], there is a reference in paragraph 27 of the report to a Government order dated 4 June 2022 which has categorized the prisoners as regards their eligibility for premature release. This guideline is not on record. The learned Special Government Pleader seeks time to place the same on record with a copy to the learned counsel for the Petitioner.

3. Post on 14 November 2024.

sd/-

Nitin Jamdar Chief Justice

sd/-

S. Manu Judge Nsd

07-11-2024 /True Copy/ Assistant Registrar