Kerala High Court
Rahul S vs **[The Secretary Home Department]** ... on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(CRL.) NO. 916 OF 2024
PETITIONER:
RAHUL S
AGED 31 YEARS
S/O R.SHAJI,
R/O. 18/351,THOOMPUNKAL HOUSE,
PALLURUTHY NADA P.O, KOCHI,
PALLURUTHY S.O, ERNAKULAM DISTRICT,
KERALA STATE, PIN - 682006
BY ADVS.
SUBASH CHANDRAN
AHALYA PRAKASH K.V.
KAVITHA K.T.
MEGHANA MANOJ
RESPONDENTS:
1 THE SECRETARY HOME DEPARTMENT
GOVT. OF KERALA, GROUND FLOOR MAIN BLOCK
SECRETARIAT, THIRUVANANTHAPURAM,
KERALA-695001
*1 STATE OF KERALA,
REPRESENTED THROUGH CHIEF SECRETARY,
HOME DEPARTMENT, GOVT. OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695001
[*RESPONDENT NO.1 STANDS SUBSTITUTED AS PER ORDER
DATED 03.10.2024 IN I.A.NO.1/2024 IN W.P.
(CRL.)NO.916/2024]
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES PRISION HEAD QUARTERS
POOJAPPURA KERALA, PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTIONAL HOME VIYYUR,
THRISSUR, KERALA, PIN - 680010
2024:KER:73999
W.P.(Crl.) No.916 of 2024
-:2:-
4 THE STANDING ADVISORY BOARD (PRISON)
REPRESENTED BY CHAIRMAN,
THE INSPECTOR GENERAL OF PRISONS,
PRISONS HEADQUARTER THIRUVANTHAPURAM,
KERALA, PIN - 695012
5 STATE LEVEL ADVISORY BOARD(PRISONS)
REPRESENTED BY CHAIRMAN, PRISONS HEADQUARTER
THIRUVANTHAPURAM, KERALA, PIN - 695012
BY ADV. SRI. NOUSHAD K. A.
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:73999
W.P.(Crl.) No.916 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
--------------------------------------
W.P.(Crl.) No.916 of 2024
--------------------------------------
Dated this the 3rd day of October, 2024
JUDGMENT
Petitioner is the son of Convict No.4727 of Central Prison &
Correctional Home, Viyyur. His father, Sri. Shaji, has been in prison for a
period of 18 years and 10 months. He seeks a direction for considering
his application Exhibit-P3 for premature release.
2. Having heard the learned counsel for the petitioner and the
learned Public Prosecutor, I am of the view that this writ petition can be
disposed of with a direction.
3. Taking note of the circumstances that petitioner has already
filed an application praying for premature release of his father, Convict
No.4727 of Central Prison & Correctional Home, Viyyur, the said
application can be directed to be considered without undue delay.
4. Accordingly, there will be a direction to the competent
amongst respondents 1 and 2 to consider Exhibit-P3 application submitted
by the petitioner for premature release of his father, Convict No.4727 of
Central Prison & Correctional Home, Viyyur, without undue delay,
preferably in a time bound manner, and in accordance with law.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/03.10.24
2024:KER:73999
APPENDIX OF WP(CRL.) 916/2024
PETITIONER'S EXHIBITS
Exhibit p1 THE TRUE COPY OF SURRENDER CERTIFICATE
DATED 28.11.2023.
Exhibit p2 THE TRUE COPY OF THE ORDER OF HON'BLE
SUPREME COURT THROUGH DIARY NO. 53348 /2023
DATED 22-07-2024.
Exhibit p3 THE TRUE COPY OF THE APPLICATION SENT TO
THE RESPONDENTS HEREIN DATED 16.08.2024 BY
THE PETITIONER.
