Koshy, J.

Five accused in Sessions Case No.146/2001 on the file of the Court of Session, Thalassery, who were convicted for offence under section 302 of IPC along with other offences, are the petitioners/appellants. The Sessions Court found that the murder committed by them will come in the category of rarest in rare cases and capital punishment was imposed on them subject to confirmation by the High Court and they were sent to jail under a warrant. They were confined in condemned cell as provided under Sec. 30(2) of the Prisons Act, 1894 read with Kerala Prisons Rules, 1958 it is the contention of the petitioners that the sentence of death passed by the Sessions Court is not final, till it is confirmed by the High Court and therefore they should be allowed all privileges which are granted to other prisoners. Learned Director General of Prosecution submitted that age old practice in the State is to put such prisoners in though they are kept in a separate ward in separate rooms. This is done for the safety of the prisoners as well as for enabling the State to make them available for execution of the sentence after confirmation of the same. Before going into the merits of