Kerala High Court Grants Two Days Escort Parole To 'Ripper Jayanandhan' For Attending Book Release Function
The Kerala High Court on Monday granted two days' escort parole to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the function organized to release a book written by him. Advocate Keerthi Jayanandan had appeared as the counsel for Jayanandhan in the plea filed by his wife. Justice P.V. Kunhikrishnan, while granting...
The Kerala High Court on Monday granted two days' escort parole to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the function organized to release a book written by him. Advocate Keerthi Jayanandan had appeared as the counsel for Jayanandhan in the plea filed by his wife.
Justice P.V. Kunhikrishnan, while granting the escort parole to the convict, observed,
"Here is a case where the petitioner's husband who is a convict undergoing imprisonment for about 17 years. He wrote a book...He studied only up to 9th standard. The book release is scheduled on 23.12.2023. A convict in detention for 17 years wrote a book and he wants to participate in his book release function is the situation. In such a situation, I am of the considered opinion that the constitutional court should step in, even if the Rules do not permit such release. The petitioner's husband should be given an opportunity to participate in the book release function and also on the previous day for making arrangements for the function. Therefore, the petitioner's husband should be allowed two days escort parole on 22.12.2023 and 23.12.2023".
Jayanandhan was an accused in 23 criminal cases of which 5 were murder cases. He was however convicted only in 2 of the murder cases and has been in jail for the past 17 years. He had been granted parole for 5 days to attend his daughter's wedding by another Single Judge Bench earlier.
Jayanandhan's wife, the petitioner in the present case, averred that the former had written a book, namely, 'Pulari Viriyum Munpe', which was ready for publication, and which is set to be released on December 23, 2023 at Ernakulam Press Club.
The petitioner submitted that the release of the book was her husband's dream and that he wished to donate the funds received from the book for the welfare of children with special needs. She stated that although her husband had filed applications before the Superintendent of High-Security Prison, Viyyur, for 30 days for making arrangements for the event, no steps were being taken by the said authority in this regard.
The Superintended had rejected Jayanandhan's request for parole taking the view that as per the Kerala Prisons and Correctional Services (Management) Rules, 2014, persons who are convicted under Sections 392 to 402 of IPC are not entitled to ordinary leave and emergency leave as per Rule 397 (L)(ii) and Rule 400(7)(ii).
The Court was of the opinion that the convict deserved to be praised for his book, considering that he had studied only up to 9th Standard, and has been in jail for the past 17 years.
"It is true that the Rules do not permit any emergency leave or ordinary leave to the petitioner's husband. In such circumstances, whether the constitutional court can step in, if there is an extra-ordinary situation is the question to be decided," it said.
The Court therefore answered the afore question in the affirmative and directed the release of the convict on two days escort parole on December 22nd and 23rd.
It also issued directions for how Jayanandhan ought to be taken to his house, and the book release function and brought back. It further directed the petitioner and one of her daughters to file an affidavit before the Superintendent, High-Security Prison, Viyyur, that the convict would return to jail after obeying the escort directions of the police, as directed by the Court.
Additionally, it reminded Jayanandhan was being granted parole due to the legal battle fought by his daughter.
"The petitioner's husband should see the legal fight of his daughter before this court for his release on parole and hence should see that the directions are complied by him on the two days, when he is released on escort parole. The legal fight of his wife and daughter should be there in the mind of the convict. The result of this Judgment is because of the efforts of his daughter and his wife. The daughter loves her father and is anxious to see that her father attends the book release function. Therefore, he should reciprocate by obeying the directions of the court to allow them to continue the legal fight in accordance to law. The legal fight of a daughter to get a release order for her father to attend the function is also to be appreciated, even if, her father is an accused in several cases including five murder cases. Just like a mother, a father is also a hero to every child," it quipped.
The Jail Superintendent and the Director General of Prisoners were also directed to ensure strong and sufficient police surveillance including the escort to the convict, and also to make sure that the latter did not escape.
Counsel for the Petitioner: Advocate Keerthi Jayanandhan
Counsel for the Respondents: Director General of Prosecution, and Senior Government Pleader and Additional Public Prosecutor P. Narayanan
Citation: 2023 LiveLaw (Ker) 746
Case Title: Indira v. State of Kerala
Case Number: WP(CRL.) NO. 1307 OF 2023