BALU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a life convict, who has been serving more than 22 years at Central Prison, Trichy, challenges Ext.P4 order passed by respondent No.1, rejecting his claim for premature release.

(2.) The petitioner was convicted and sentenced to life for the offence under Sec. 302 of IPC by the IIIrd Additional Sessions Court (Adhoc), Fast Track Court-I, Thrissur in SC No.441/2002 for having murdered a lady named Suvarna by drowning her in a pond and robbed her gold chain. The conviction and sentence were confirmed by this Court in Crl. Appeal No.418/2021 on 26/8/2021. He has completed 22 years and 5 months of actual term of imprisonment as of 13/12/2023.

(3.) The police authorities and the probation officer have recommended the premature release of the petitioner. The Jail Advisory Committee of the Viyyur Central Prison and Correctional Home had on 10/7/2023 also recommended the premature release of the petitioner. The Director General of Prisons and Correctional Services forwarded the said recommendation to the 1st respondent for further action. However, the State Level Advisory Committee held on 14/8/2024 rejected the recommendation. Thereafter the Government had also considered the request of the petitioner for premature release. The Government, after examining the matter in detail, found that this was not a fit case which required any intervention on the decision taken by the State Level Advisory Committee and rejected the claim of the petitioner for premature release as per Ext.P4 order. The said order is under challenge in this writ petition.