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2021 DIGILAW 456 (KER)

Abhishek K. A @ Bhanu v. State of Kerala, Represented By Its Secretary, Kerala Prisons And Correctional Services Department

2021-04-16

BECHU KURIAN THOMAS

body2021
JUDGMENT : The petitioner seeks for a direction for an emergency parole for 45 days. It is submitted that he had filed Ext. P1 parole request before the first respondent along with a copy to the 3rd respondent. 2. Petitioner is an accused and a convict for the offence under Section 3(d) r/w Section 4, Section 5(i),(l),(m) r/w Section 6, Section 11(iii) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POSCO) and under Section 377 and 506(i) of the Indian Penal Code, sentenced to undergo imprisonment for a period of 10 years and to pay fine of Rs.10,000/-. 3. According to the petitioner his mother is in a serious medical condition which requires his presence as a measure of support and relief for the aged mother. 4. The Public Prosecutor on instruction submits that 3rd respondent has not received Ext.P1 as alleged and hence, no decision could be taken. The learned counsel for the petitioner Adv. Kaleeswaram Raj submits that eventhough Ext.P1 was submitted to the 3rd respondent, petitioner is willing to re-submit the same so as to enable a decision to be taken. 5. The grant of parole has been incorporated into the criminal jurisprudence of a country with an avowed purpose. The Supreme Court had considered the concept of parole and its purpose in the decision in ASFAQ v. State of Rajasthan and others [ (2017) 15 SCC 55 ]. The Kerala Prisons and correctional Services (Management) Act, 2014 refers to grant of emergency parole. When an application for grant of parole is filed by a convict it is essential that a time bound decision is taken by the authority concerned. Emergency parole requires emergent decision to be taken. 6. Since there is a dispute as to lack of receipt of the petition for grant of parole, I direct the 3rd respondent to take a decision on Ext.P1 representation submitted by the petitioner. Ext.P1 produced in this writ petition treating as the representation filed by the petitioner requesting for parole. The aforesaid decision shall be taken by the 3rd respondent within a period of 10 days from the date of receipt of a copy of this judgment, having regard to the statutory presumptions and the certificates produced in this writ petition. The writ petition is disposed of as above.