Kerala HC Orders Release Of 61-Year-Old Convict Who Spent 18 Years In Prison In 14 Cases

Factual Background

• The name of the case was Sivanandan V. The Superintendent Central Prison and Correctional Home.
• The petitioner was a 61 year old man who was convicted under 14 cases in various offences such as theft, housebreaking and lurking house trespass at night for which he had pleaded guilty.
• He was awarded punishments between 6 months to 5 years imprisonment for the offences.
• He was arrested on 10 April 2003 and he had been in prison since then.
• The counsel for the convict pleaded that the petitioner is old and infirm and continued detention of the petitioner would be illegal.

Court’s Observation

• The Court observed that the punishments were to run simultaneously but since the offences had been committed at different times and the cases were brought before different courts, no Court had exercised discretion under Section 427.
• If the sentences run one after another then the convict would have to stay in the prison for 30 years and 6 months, whereas, had the power of Magistrates been exercised, his sentence would have been over after 5 years which was the maximum imprisonment awarded to him in one case.
• Powers under Section 482 must be used very cautiously as it is meant to prevent the abuse of powers of the Court and securing justice.

Court’s Orders

• Hon’ble Justice Ashok Menon invoked the powers of Section 427 of the Code of Criminal Procedure by exercising the Court’s jurisdiction under Section 482 and ordered for the release of the convict.
• The Court also considered the age of the convict while deciding the case.

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