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Sivanandan v. State of Kerala

  • Order

Code of Criminal Procedure, 1973 – Ss. 427 & 482 – The petitioner was involved in 14 criminal cases pending before different courts. All the cases pertain to offences like theft, housebreaking, lurking house trespass by night, theft of property from inside the house, etc. He pleaded guilty and was convicted in all the cases for a period ranging between 6 months imprisonment to 5 years imprisonment and fine – the petitioner had already undergone more than 15 years imprisonment and the maximum imprisonment that was awarded to him in one case is only 5 years In all the remaining cases, he is only been sentenced to lessor imprisonment the petitioner had not even contested the cases and had pleaded guilty, in consequence of which he was sentenced to imprisonment. He is more than 60 years old and has been in prison for more than 18 years now. Under the circumstances, directed to release the accused forthwith recording that he has undergone the sentence in all the crimes in which he was convicted.

Citations : 2021 (4) KCC 123 : 2021 (4) KHC 375