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Lolitha Raghu vs The State Of Kerala
2025 Latest Caselaw 1282 Ker

Citation : 2025 Latest Caselaw 1282 Ker
Judgement Date : 5 June, 2025

Kerala High Court

Lolitha Raghu vs The State Of Kerala on 5 June, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.696 of 2025
                                       1



                                                       2025:KER:39445


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947

                            WP(CRL.) NO. 696 OF 2025

PETITIONER(S):

                LOLITHA RAGHU
                AGED 55 YEARS
                W/O.RAGHU, ‘KRISHNA KRIPA', THEKKETHARA,
                ANJUMOORTHY (P.O), PALAKKAD (DIST)., PIN -
                678682


                BY ADV SMT.K.DEEPA (PAYYANUR)


RESPONDENT(S):

       1        THE STATE OF KERALA
                REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
                GROUND FLOOR, MAIN BLOCK, SECRETARIAT,
                THIRUVANANTHAPURAM., PIN - 695001

       2        THE DIRECTOR GENERAL OF PRISONS & CORRECTIONAL
                SERVICES
                PRISON HEAD QUARTERS, POOJAPPURA,
                THIRUVANANTHAPURAM., PIN - 695012

       3        THE SUPERINTENDANT
                OPEN PRISON & CORRECTION HOME, NETTUKALTHERI,
                THIRUVANANTHAPURAM - 695, PIN - 695572

       4        THE STANDING ADVISORY COMMITTEE (PRISONS),
                REPRESENTED BY THE CHAIRMAN, THE INSPECTOR
                GENERAL OF PRISON, PRISON HEAD QUARTERS,
                POOJAPPURA, THIRUVANANTHAPURAM., PIN - 695012
 W.P.(Crl.).No.696 of 2025
                                            2



                                                                      2025:KER:39445


       5          THE STATE LEVEL ADVISORY COMMITTEE (PRISONS),
                  REPRESENTED BY THE CHAIRMAN, PRISON HEAD
                  QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM., PIN -
                  695012


                  BY ADV.
                  SR PP SMT SEETHA S


           THIS    WRIT      PETITION     (CRIMINAL)   HAVING    COME    UP    FOR
ADMISSION          ON       05.06.2025,    THE   COURT   ON     THE   SAME     DAY
DELIVERED THE FOLLOWING:
 W.P.(Crl.).No.696 of 2025
                                           3



                                                                    2025:KER:39445




                         P.V.KUNHIKRISHNAN, J
                       --------------------------------
                         W.P.(Crl.) No.696 of 2025
                        -------------------------------
                   Dated this the 05th day of June, 2025


                                   JUDGMENT

The Writ Petition (Crl.) is filed seeking the

following reliefs:

"(i) to issue a writ of Mandamus directing the 5th respondent to consider Ext.P-3 application of the petitioner's husband Sri.Raghu (Convict No.2687), seeking his premature release in the State Level Advisory Committee and pass appropriate orders to recommend his release, by considering his reformation, post-conviction changes in behaviour, remorse, good behaviour in jail etc, within a time limit fixed by this Hon'ble Court.

(ii) to grant such other reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case."[SIC]

2. The grievance of the petitioner is that her

husband, who is Convict No.2687, continuing at Open

Prison & Correction Home, Nettukaltheri,

2025:KER:39445

Thiruvananthapuram, is entitled premature release. The

petitioner submitted Ext.P3 representation before the 5 th

respondent and the same is not considered. Hence this

Writ Petition (Crl.) is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Senior Public Prosecutor.

4. After hearing both sides, I think this Writ

petition can be disposed of directing the 5th respondent to

consider and pass appropriate orders in Ext.P3 within a

time frame.

Therefore, this Writ Petition (Crl.) is disposed of in

the following manner:

1. The 5th respondent is directed to consider

and pass appropriate orders in Ext.P3, as

expeditiously as possible, at any rate, within a

period of three months from the date of receipt of

a copy of this judgment.

2. The petitioner will produce a certified copy

2025:KER:39445

of this judgment along with a copy of this Writ

Petition (Crl.) with exhibits before the 5th

respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

DM

2025:KER:39445

APPENDIX OF WP(CRL.) 696/2025

PETITIONER EXHIBITS

EXHIBIT P-1 TRUE COPY OF THE NOTICE DATED 01.03.2024 ISSUED BY THE 3RD RESPONDENT TO SRI.RAGHU (CONVICT NO.2687). EXHIBIT P-2 TRUE COPY OF THE NOTICE DATED 03.10.2024 ISSUED BY THE 3RD RESPONDENT TO SRI.RAGHU (CONVICT NO.2687). EXHIBIT P-3 TRUE COPY OF THE APPEAL FILED BY SRI.RAGHU (CONVICT NO.2687) SEEKING HIS PREMATURE RELEASE BEFORE THE STATE LEVEL ADVISORY BOARD, THE 5TH RESPONDENT HEREIN.

EXHIBIT P-4 TRUE COPY OF THE CERTIFICATE DATED 26.04.2025 ISSUED FROM THE OFFICE OF THE SUPERINTENDENT OPEN PRISON & CORRECTION HOME NETTUKALTHERI, THIRUVANANTHAPURAM, THE 4TH RESPONDENT HEREIN.

EXHIBIT P-5 TRUE COPY OF THE ORDER DATED 14-06-2022 OF G.O.(MS)NO.116/2022/HOME, THIRUVANANTHAPURAM.

 
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