Dismissed

Chacko John v. the State of Kerala

Kerala HC21 Dec 2020WP(C)/18511/2020

Case brief

AI extract

What is this about?

Writ petition filed by the father of a convict seeking direction to the Director General of Prisons to consider a parole application rejected due to victim 's family hostility. Court permitted the petitioner to file an appeal.

What did the court decide?

Permitted to submit appeal against the order rejecting the parole application within one month; Appellate Authority directed to consider the application with the court 's noted contentions.

Chacko John Vs the State of Kerala — Bail and Remand | Kerala HC (2020)

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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 V.G.ARUN

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MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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WP(C).No.18511 OF 2020(L)

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PETITIONER:

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CHACKO JOHN AGED 50 YEARS

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S/O. JOHN, SYANU BHAVAN, NEAR OTTAKKAL RAILWAY STATION, OTTAKKAL P. O., OTTAKKAL DESOM, THENMALA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT

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BY ADVS.

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SHRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SATHEESH MOHANAN

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RESPONDENTS:

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1 THE STATE OF KERALA

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REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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2 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES THIRUVANANTHAPURAM - 695 001

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3 STATE OF KERALA REPRESENTED SPECIAL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031

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R1-3 BY GOVERNMENT PLEADER

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.18511 OF 2020

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JUDGMENT

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Dated this the 21^st day of December 2020

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The petitioner's son Syanu Chacko

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(C.P.No.3696) is undergoing imprisonment at the Central Prison, Thiruvananthapuram, pursuant to

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his convicion in a murder case. This writ petition is filed seeking a direction to the Director General of Prisons and Correctional Services, Thiruvananthapuram/2^nd respondent to consider and pass orders on the application seeking parole for the petitioner's son.

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The learned Public Prosecutor

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submitted that, pending the writ petition, the

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parole application was considered and rejected by the 2^nd respondent vide Annexure-3 order. In Annexure-3 it stated that, the police report

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did not recommend sanctioning of parole to the convict, since members of the victim's family were harbouring hostility towards him and would

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W.P.(C).NO.18511 OF 2020

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not tolerate his release.

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Sri.Sasthamangalam S. Ajithkumar,

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learned Counsel for the petitioner, submits that, if hostility of the relatives of the victim is taken as a reason for rejection, then no convict could be released on parole. It is

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pointed out that based on the interim bail granted by this Court, the convict was released and had returned to prison without any issues or complaint regarding his behavior. It is contended that the Probation Officer had recommended release of the convict. Now that an order has been passed rejecting the request for parole, it is for the petitioner to avail his remedy under the Kerala Prisons and Correctional Services Management Act and Rules.

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The writ petition is hence disposed

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of, permitting the petitioner or the convict, as the case may be, to submit an appeal against Annexure-3 in the manner provided under the

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Kerala Prisons and Correctional Services

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W.P.(C).NO.18511 OF 2020

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Management Act and Rules. In such event, the Appellate Authority shall consider the application in accordance with the applicable provisions and pass appropriate orders thereon, within an outer limit of one month from the date of submission of the application. While effecting such consideration, the contentions urged by the learned Counsel for the petitioner and noted in this judgment shall also to be taken into account.

Sd/-

V.G.ARUN JUDGE

W.P.(C).NO.18511 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF INTERIM ORDER DATED 18.02.2020 IN M.A.NO.1 OF 2019 IN CRL.A.NO.1151/2019 OF THIS HON'BLE COURT IN CRL. M.A.NO.1 OF 2019.

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EXHIBIT P2 TRUE COPY OF THE PAROLE APPLICATION DATED 23.08.2020.

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RESPONDENTS'S EXHIBITS:

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ANNEXURE 1 COPY OF INTERIM RELEASE ORDER DATED 04.06.2020 ANNEXURE 2 COPY OF REPORT NO.D1-23038/2020/QR DATED 02.08.2020 OF DISTRICT POLICE CHIEF, KOLLAM RURAL ANNEXURE 3 COPY OF REPORT NO.ADPO/ME NO.30/2020-21 DATED 10.08.2020 ANNEXURE 4 COPY OF ORDER NO.WP2-21051/2020/PRHQ DATED 23.09.2020

Chacko John v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Chacko John v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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