Disposed

Fidha Nishad v. State of Kerala

Kerala HC2 Apr 2024WP(Crl.)/76/2024

Case brief

AI extract

What is this about?

Daughter sought premature release of her father, a life convict under Section 302 IPC lodged in Open Prison Nettukaltheri. Noting his application was deferred by the Jail Advisory Board, the court directed the competent authority to consider the premature release application within six months and disposed of the petition.

What did the court decide?

Direction to consider father's premature release application within six months.

Fidha Nishad Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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TUESDAY, THE 2^ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946 WP(CRL.) NO. 76 OF 2024

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PETITIONER :

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FIDHA NISHAD

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AGED 20 YEARS, D/O FAZIL NISHAD, SUNITHA MANZIL (NILAVU), MADANVILA, PERUMATHURA, THIRUVANATHAPURAM, PIN – 695 303

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BY ADVS. SUBASH CHANDRAN AHALYA PRAKASH K.V. K.K.SUBITHA ASWANI JYOTHY A.S.

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RESPONDENTS :

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1 STATE OF KERALA

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REPRESENTED THROUGH SECRETARY, HOME DEPARTMENT GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANATHAPURAM DISTRICT, KERALA, PIN – 695 001

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2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANATHAPURAM, KERALA, PIN - 695012

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3 THE STANDING ADVISORY BOARD (PRISON)

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REPRESENTED BY CHAIRMAN, THE INSPECTOR GENERAL OF PRISONS, PRISONS HEAD QUARTERS, THIRUVANATHAPURAM, KERALA, PIN - 695012

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4 SUPERINTENDENT

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OPEN PRISON AND CORRECTIONAL HOME, NETTUKALTHERI, KOTTOOR P.O., THIRUVANATHAPURAM, KERALA, PIN – 695 574

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WP(CRL.) NO. 76 OF 2024

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BY ADVS. ADVOCATE GENERAL OFFICE KERALA DIRECTOR GENERAL OF PROSECUTION(AG-10) SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. SHRI.SAJJU.S., SENIOR G.P.

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SRI. T.R. RENJITH, PUBLIC PROSECUTOR

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR

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ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(CRL.) NO. 76 OF 2024

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BECHU KURIAN THOMAS, J.

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W.P.(Crl.) No.76 of 2024

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Dated this the 2^nd day of April, 2024

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JUDGMENT

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Petitioner is the daughter of Convict No.3302 of Open Prison and Correctional Home, Nettukaltheri. Petitioner's father was convicted for the offence including Section 302 of the Indian Penal Code, 1860 in S.C.No.105 of 1997 on the files of the Additional Sessions Court-I, Thiruvananthapuram. Petitioner seeks premature release of her father.

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The learned Public Prosecutor, upon instructions submitted that application for premature release of petitioner's father was placed before the Jail Advisory Board on 02.02.2024 and the same was deferred for consideration to the next meeting of the Advisory Board.

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In view of the above, there will be a direction to the Competent Authority under the first respondent to consider the application of the petitioner's father for premature release in a time bound manner, at any rate, within an outer period of six months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS, JUDGE

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RKM

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WP(CRL.) NO. 76 OF 2024

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APPENDIX OF WP(CRL.) 76/2024

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PETITIONER'S EXHIBITS :

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Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FAST TRACK COURT-I, THIRUVANANTHAPURAM IN SC NO. 105/1997 DATED 19.04.2008 Exhibit 2 THE DEATH CERTIFICATE OF THE HEREIN PETITIONER'S MOTHER DATED 01.01.2024 ISSUED BY THE CHIRAYINKEEZHU GRAMA PANCHAYAT Exhibit 3 A TRUE COPY OF THE APPLICATION SENT TO THE RESPONDENTS HEREIN DATED 10.01.2024 BY THE PETITIONER

Fidha Nishad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Fidha Nishad v. State of Kerala

Case brief

What is this about?

What did the court decide?

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