Son sought premature release of his father, a life convict undergoing over 15 years' incarceration, whose application was deferred by the Prison Advisory Board and whose statutory appeal before the State Level Advisory Committee remained pending. The court directed SLAC to decide the appeal within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(CRL.) NO. 1231 OF 2023
CRIME NO.336/2000 OF KARUNAGAPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 04.02.2008 IN SC NO.868 OF 2003
OF II ADDITIONAL DISTRICT COURT & II ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL,KOLLAM
PETITIONER/S:
LITHIN A., AGED 34 YEARS
S/O. AJITH KUMAR,
ROHINI MANDIRAM, TKMC PO,
KARIKODE KOLLAM- (SON OF AJITH KUMAR, CONVICT NO. 3573,
LODGED IN CENTRAL PRISON AND CORRECTION HOME
THIRUVANANTHAPURAM), PIN – 691 005.
BY ADVS.
V.VIJITHA
HARISHMA P. THAMPI
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY THE HOME SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN – 695 001.
2KERALA PRISON AND CORRECTIONAL SERVICES
REPRESENTED BY THE DIRECTOR GENERAL OF PRISON AND
CORRECTIONAL SERVICES,
DEPARTMENT OF PRISON,
POOJAPURA,
THIRUVANANTHAPURAM, PIN – 695012
3SUPERINTENDENT
CENTRAL PRISON AND CORRECTION HOME,
POOJAPURA,
THIRUVANANTHAPURAM., PIN – 695 012.
WP(CRL.) 1231/2023
2
4JAIL ADVISORY COMMITTEE OF CENTRAL PRISON AND
CORRECTION HOME
CENTRAL PRISON AND CORRECTION HOME THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN, PIN – 695 012.
5STATE LEVEL ADVISORY COMMITTEE (SLAC)
REPRESENTED BY ITS CHAIRMAN, STATE INSTITUTE OF
CORRECTIONAL ADMINISTRATION (SICA),
POOJAPPURA,THIRUVANANTHAPURAM, PIN – 695 012
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()
ASHI M.C (PP)
SAJU S, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) 1231/2023
3
BECHU KURIAN THOMAS, J
Dated this the 12th day of June, 2024
JUDGMENT
Petitioner’s father, who is convict No.3573 in S.C.No.868/2003 on the files of the Additional Sessions Court-II, Kollam, has been undergoing incarceration in Central Prison and Correctional Home, Thiruvananthapuram. The offences alleged against him includes Section 302 of IPC. Petitioner seeks for premature release of his father, as according to him, his father has been in custody for the last more than 15 years.
eligibility of prisoners for considering the question of premature release.
WP(CRL.) 1231/2023
4
therein, and hence an appeal has been preferred, but the same has not been considered.
two meetings.
The writ petition is disposed of.
AMV/12/06/2024
The words ‘Section 302 of I.P.C.’, appearing in the paragraph 1 of judgment dated 12.06.2024 in W.P.(Crl.) No.1231/2023 stand deleted and substituted by the words ‘Section 304 part II of the I.P.C. and Section 57(A)(ii) of the Abkari Act’ vide order dated 24.07.2024 in I.A.No.1/2024 in W.P.(Crl.) No.1231/2023.
WP(CRL.) 1231/2023
5
APPENDIX OF WP(CRL.) 1231/2023
PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE CERTIFICATE DATED 14/9/23
ISSUED BY THE 3RD RESPONDENT SHOWING THE
DETAILS OF THE ACTUAL SENTENCE UNDERGONE BY
MR. AJITH KUMAR.
EXHIBIT P2A TRUE COPY OF THE LETTER NO.CP-5(1)-
1420/2022/CPTVM DATED 27.12.2022 OF THE 3RD
RESPONDENT.
EXHIBIT P3A TRUE COPY OF THE APPEAL DATED 20.01.2023
PREFERRED BY THE MOTHER OF THE PETITIONER TO
THE 5TH RESPONDENT.
EXHIBIT P4A TRUE COPY OF THE G.O.(MS)NO.116/2022/HOME
DATED 14.06.2022.
TRUE COPY
1 issue framed by the court
Whether the appeal for premature release of Convict No.3573 pending before the State Level Advisory Board could be directed to be decided in a time-bound manner.
2 provisions across 2 enactments
Lithin A.
State of Kerala
Kerala Prison and Correctional Services
Superintendent, Central Prison and Correction Home, Poojapura
Jail Advisory Committee of Central Prison and Correction Home
State Level Advisory Committee (SLAC)
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court