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2021 Supreme(Online)(KER) 15073

HIGH COURT OF KERALA
SUNIL THOMAS, J
P.KUNJABDULLA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN, SMT.T.J.SEEMA

JUDGMENT

The writ petitioners are the fathers of the first and the third accused in SC No.97/2014 of the Additional Sessions Court Kasargod for offences punishable under sections 120B, 143, 402,449, 342,324,396, 302,201 read with sections 149 & 118 of the Indian Penal Code. After investigation, final report was laid in the above crime and the accused faced the trial. All the accused, except accused No.8 were convicted. Accused Nos.1 and 3 were found guilty for offences punishable under section120B,302 &201 IPC and were sentenced to undergo imprisonment for life and to pay fine for the offences found against them. Aggrieved by the above conviction and sentence, Crl.Appeal No.40/2015 was filed before this court and the matter is pending. The appellants are in custody since 2013.

2. According to the writ petitioners, after the lock down was declared by the State Government and the central Government following the outbreak of Covid-19, Government of Kerala issued Ext.P1 notification dated 25/3/2020 enabling the second respondent, the Director General of Prisons, to grant ordinary leave to eligible prisoners in a single spell of 60 days, subject to other conditions of leave in relaxation

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