Allowed

Benny Joy v. State of Kerala

Kerala HC14 Jan 2019WP(C)/422/2019

Case brief

AI extract

What is this about?

In this writ petition the petitioner, a sister of the convict sought ordinary parole for her brother, a life convict, in view of their family's preparation for his sister's marriage, directing the prison authorities to consider the matter urgently.

What did the court decide?

Directing respondents to consider the petitioner's son's parole application urgently and pass appropriate orders within a week.

Benny Joy Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY, THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

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WP(C).No. 422 of 2019

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PETITIONER/S:

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BENNY JOY

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AGED 52 YEARS W/O. LATE JOY, VAZHAKKOOTTATHIL HOUSE, PANAYIKULAM P.O, ALUVA, ERNAKULAM.

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BY ADVS. SRI.K.S.MADHUSOODANAN SMT.C.C.BINDHYA SMT.S.JESSIN SRI.K.S.MIZVER SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR

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RESPONDENT/S:

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1 STATE OF KERALA TO BE REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001.

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2 DIRECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES KERALA PRISON AND CORRECTIONAL SERVICES DEPARTMENT, GOVERNMENT OF KERALA, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695 012.

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3 SUPERINTENDENT CENTRAL PRISON AND CORRECTIONAL HOME, VIYYUR, TRISSUR, PIN-680 010.

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WP(C).No. 422 of 2019

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..2..

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OTHER PRESENT:

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SRI CS HRITHWIK-SR PP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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The petitioner's son is the convict of the offence of murder and sentenced to undergo imprisonment for life in SC No. 326 of 2014 by the Additional Sessions Judge-II, North

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Paravur. The convict is undergoing imprisonment at Central Jail, Viyyur. The marriage of the petitioner's daughter will be solemnized on 27^th of this month. The mother of the convict filed Ext.P1 application for granting parole to the convict. That has not

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WP(C).No. 422 of 2019

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..3..

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been considered. The convict has already filed a similar application. That was not allowed on the ground that there was a threat to the life of the convict as reported by the police. The request in this WP(C) is to direct respondents

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1 to 3 to grant ordinary parole to the convict.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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It is an admitted fact that the co-accused was granted parole. Except the police report that the life of the convict would be in danger if he is released on parole, there is nothing to show that the convict is dis-entitled from getting parole. Having regard to the fact that his sister's marriage will be solemnized on 27^th of this month, I think the authorities will consider the matter urgently and pass appropriate orders.

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In the result, this WP(C) is allowed.

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WP(C).No. 422 of 2019

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..4..

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Respondents 1 to 3 are directed to consider Ext.P1 application urgently and pass appropriate orders in a week.

Sd/-

K.ABRAHAM MATHEW

JUDGE

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE APPLICATION TO THIRD RESPONDENT BY THE PETITIONER.

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EXHIBIT P2 PHOTOCOPY OF THE REPRESENTATION TO SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION BY THE PETITIONER.

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EXHIBIT P3 PHOTOCOPY OF THE MARRIAGE INVITATION LETTER OF PETITIONER'S DAUGHTER- FILNA JOY.

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EXHIBIT P4 PHOTOCOPY OF THE JUDGMENT DATED 29.5.2013 IN W.P.(C) NO.27476/12 OF HON'BLE HIGH COURT.

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EXHIBIT P5 PHOTOCOPY OF THE JUDGMENT DATED 16.1.2018 IN W.P.(C) NO. 38980/2017 OF HON'BLE HIGH COURT.

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Bka/15.01.2019

Benny Joy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Benny Joy v. State of Kerala

Case brief

What is this about?

What did the court decide?

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