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2024 Supreme(Online)(KER) 37192

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
NAJEEBA – Appellant
Versus
THE SECRETARY – Respondent


JUDGMENT

Petitioner is the wife of one Ansar Ahammed, who is convict No.53/2022 at Central Prison, Thavanoor. He was accused No.3 in S.C.No.630/2020 on the files of the Additional Sessions Court, Ottappalam, for the offences including Sections 307 and 302 of the Indian Penal Code, 1860.

2. The Trial Court, by judgment dated 18.01.2022, found the petitioner’s husband guilty and sentenced him to imprisonment for life. It is alleged that he was arrested on 24.06.2020 and was released on bail on 17.02.2021, and thereafter has been undergoing conviction since 18.01.2022. Though he was eligible for grant of ordinary leave, his application dated 05.10.2023 was rejected by Ext.P4 order dated 20.11.2023, relying upon the police report. In the report of the police it was stated that there may be a threat to law and order if petitioner’s husband is released, since, the opposition group may target him for revenge and therefore, he ought not to be released on ordinary leave.

3. Smt. Saipooja, the learned Counsel for the petitioner contended that the report of the District Probation OfÏcer though recorded in Ext.P4 was not effectively considered by the 2nd respondent while issuing Ext.P4. It is als

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