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2025 Supreme(Ker) 487

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, JOBIN SEBASTIAN, JJ
Prasanna W/o. Rajan – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.Deepa (Payyanur)
For the Respondent: Shri.P.Narayanan, SPL. G.P., Shri.Jacob P.Alex, Amicus Curiae

JUDGMENT :

P.B.Suresh Kumar, J.

The questions that arise for consideration in these matters are common and as such, they are disposed of by this common judgement. For a proper adjudication of the questions, a clear articulation of the facts involved in the matters is essential.

W.A.No.1245 of 2024

2. The appellant is the petitioner in the writ petition from which the appeal arises. Her husband is undergoing imprisonment for life pursuant to his conviction under Section 302 of the Indian Penal Code (IPC) for having committed the murder of one Geetha, with whom he was having an illicit relationship. The convict has undergone 22 years, 3 months and 19 days of imprisonment as on 10.06.2024 and has also earned a remission of 6 years, 3 months and 22 days. The period of sentence of the convict inclusive of remission would workout to be approximately 29 years. Although the case of the convict is being recommended by the Advisory Committee constituted under Section 77(1) of the Kerala Prisons and Correctional Services (Management) Act, 2010 (the Act) for premature release from the year 2017 onwards, the same is not being accepted by the Government. The appellant, in the circumstances, preferre

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