Kalluvathukkal Hooch Tragedy Case : Supreme Court Directs Release Of Convict Manichan

The Supreme Court ordered release of Manichan, a convict in Kalluvathukkal Hooch Tragedy case that had killed over 30 people in the year 2000.

Manichan @ Chandran was convicted by the Kollam Sessions Court on 16th July, 2002 and was sentenced to life imprisonment alongwith fine of Rs.30,45,000/- (Rupees thirty lacs and forty five thousand only).  His appeal was dismissed by the Kerala High Court.

Recently, by an order of the Governor dated 14th June, 2022, his premature release alongwith 32 other convicts was directed, after remitting their remaining period of sentence. He has undergone actual imprisonment of over 21 years.

Manichan's wife, approached the Apex Court contending that though he has been directed to be released by the aforesaid order, because of his inability to pay the fine, he still remains in prison. It was submitted that a writ petition filed in a related matter was decided in favour of a co-convict in relation to the same incident.

"As a Coordinate Bench of this Court has taken this view, we do not find any material difference so far as the case of the petitioner is concerned, except that the fine imposed on the petitioner's husband is of a higher amount. We do not think that can be a distinguishing criteria on the basis of which relief can be denied to him.", the bench of Justices Aniruddha Bose and Vikram Nath observed.

Allowing the writ petition, the bench ordered:

"We, accordingly, allow the petition and direct the State Authorities to release the convict Chandran @ Manichan S/o Sivadasan being convict No. 2643 confined in Open Prison & 4 Correctional Home, Nettukaltheri, forthwith prematurely in terms of the order dated 14th June, 2022."

Case : USHA CHANDRAN vs STATE OF KERALA  | WP(Crl) 269/2022

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