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Sharada vs State Of Kerala

High Court Of Kerala|24 June, 2014
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JUDGMENT / ORDER

Petitioner has approached this Court complaining about the inaction on the part of the jail authorities in not considering the application for parole of the petitioner's husband. It is inter alia contended by the learned counsel for the petitioner that another person involved in the very same offence was already granted bail and he is residing in the very same locality and there is no threat to his life as well. 2. On a perusal of the statement filed by the 3rd respondent, it is indicated that an enquiry was conducted by the Superintendent or Police, Malappuram and a report was submitted on 2.12.2013. As per the present report, the local police did not recommend grant of parole for the petitioner's husband.
3. However, since it is contended by the learned counsel for the petitioner that the co-accused is residing in the very same locality for the last two years, the respondent authority shall verify whether there is any change in the circumstances which enables the petitioner's husband to get parole.
4. Under these circumstances, the writ petition is disposed of as below:
W.P(C) No. 5252 of 2014 -: 2 :-
The 5th respondent shall conduct a further enquiry in the matter with reference to clause 453(d) of the Kerala Prisons Rules and a fresh report shall be obtained to consider whether the petitioner's husband can be released on parole and if a favourable report is received, the same shall be forwarded to the competent authority for necessary action. This shall be done within two months from the date of receipt of a copy of this judgment.
Sd/- A.M. Shaffique, Judge.
Tds/
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Title

Sharada vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
24 June, 2014
Judges
  • A M Shaffique
Advocates
  • M T Balan Smt
  • Sri
  • Name