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2026 Supreme(Online)(Ker) 27460

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU, J
J.O.GEETHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.K.DEEPA (PAYYANUR)
For the Respondents: SRI.N R SANGEETHA RAJ, PUBLIC PROSECUTOR

Table of Content
1. convict's background and set-off claim details. (Para 1 , 2)
2. explanation of section 428 cr.pc set-off provisions. (Para 3)
3. arguments on premature release and article 21 violation. (Para 6 , 7 , 8)
4. court directs mandatory set-off against life sentence. (Para 9)

Dated this the 6th day of April, 2026 JUDGMENT The petitioner is the mother of Sri.Sanish (Convict No.3826), who has been lodged in the Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram. He was convicted under Section 302 of IPC by the Sessions Court, Thiruvananthapuram in Sessions Case No.400/2012. He was also convicted under various penal sections of the Indian Penal Code. The Sessions Court sentenced him to life imprisonment under Section 302 of IPC with a rider that accused No.2 shall not be released from the prison for a period of 20 years. He challenged the conviction and sentence in Criminal Appeal No.121/2013 before this Court. This Court in Criminal Appeal held that the sentence imposed on accused No.2 for a period of 20 years is without jurisdiction. This Court partly allowed the Criminal Appeal confirming the conviction and sentencing him for life imprisonment. Challengin

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