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2002 Supreme(Ker) 314

J.B.KOSHY, K.PADMANABHAN NAIR
Suo Motu Proceedings – Appellant
Versus
State of Kerala. – Respondent


Judgment :-

J.B. Koshy, J.

This is a suo motu proceedings taken by this Court under section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) for giving effect to the orders under the Code and to prevent abuse of the process of the Court and alleged violation of section 433-A of the Code to secure ends of justice. We have appointed Shri K.B. Suresh, Advocate as Amicus Curiae. Director General of Public Prosecutions and State Prosecutor Sri.P.V.Madhavan Nambiar appeared and produced all the relevant files and rules. At the outset, we appreciate the assistance given to the Court by Sri.P.V.Madhavan Nambiar, State Prosecutor and Shri K.B. Suresh, Advocate (Amicus Curiael).

2. When criminal appeals were posted before the Division Bench, this Court noticed that several of the convicts were on parole and those who are sentenced for life on conviction for an offence for which death is one of the

3. We have called for the rules for granting parole etc. Only in rarest of rare cases, capital punishment is now being imposed and, therefore, even though offences are heinous, only lesser punishment of life imprisonments are given. Life imprisonment means sentence upto










































































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