JUDGMENT

Dated this the 24^th day of February, 2026 The brother of convict Sri.Varghese @ Jose (Convict No.3184) who is undergoing sentence of life imprisonment in Open Prison & Correctional Home Nettukaltheri, Thiruvananthapuram filed this Writ Petition (Crl.) under Article 226 of the Constitution of India praying for directing the 2^nd respondent to re-consider the case of convict Sri.Varghese for premature release in the light of the decision of the Division Bench of this Court in Prasanna v. State of Kerala [ 2025 (3) KLT 299 ].

2. The Additional Sessions Judge (Adhoc-I) Thodupuzha convicted the convict in SC No.30/2004 arising out of Crime No.351/2000 for committing the offence punishable under Section 302 of the Indian Penal Code, 1860 ( IPC ). According to the petitioner, as on the date of filing of this petition, the convict had undergone imprisonment for a period of 20 years, 6 months and 2 days and he had earned remission of more than 5 years, 1 month and 7 days as of 19.11.2025. Therefore, according to the learned counsel the convict has in effect undergone more than 25 years in the prison.

3. Relying upon the decision of the Division Bench of this Court in Prasanna (supr