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2024 Supreme(Online)(KER) 20765

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
PRASANNA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.DEEPA (PAYYANUR), SRI.P.NARAYANAN, SENIOR GOVERNMENT PLEADER

JUDGMENT

Petitioner's husband, Sri. Rajan, Convict No.2761, is presently lodged at the Open Prison & Correctional Home at Nettukaltheri, Thiruvananthapuram. Petitioner has preferred this writ petition seeking to quash Ext.P4 order dated 11.01.2024, refusing to exercise the power of the Government to release the convict prematurely. The petitioner also seeks a direction to release her husband prematurely from imprisonment.

2. Petitioner's husband was convicted in S.C. No.117/1999 by the Additional Sessions Court, North Paravur and was sentenced to undergo life imprisonment under section 302 of the Indian Penal Code , 1860. His conviction was confirmed by this Court as per the judgment in Crl. Appeal No.51/2002 and the Special Leave Petition filed before the Supreme Court was also dismissed.

3. Petitioner's husband is alleged to have murdered a lady named Geetha, who was his relative and with whom he was having an illicit relationship. Petitioner's husband was found to have poured kerosene over the deceased and set her ablaze after locking the doors and windows of the house thereby committing the murder. According to the petitioner, despite the recommendation of the Jail Advisory Board

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