Periya double murder: Govt seeks report on 'parole' granted to convicts; prison says it is 'leave' and a right

The release of five convicts in the Periya twin murder case has once again triggered political controversy in Kerala, with the newly sworn-in UDF government seeking an urgent report on the matter. But prison officials maintain that the convicts are out on “ordinary leave” -- a right available to eligible prisoners under jail rules. They said the convicts were not out on “parole”, which is a special concession, as portrayed in sections of the media.

Home Minister Ramesh Chennithala on Thursday directed Additional Chief Secretary (Home) Bishwanath Sinha to urgently examine the leave granted to the convicts and submit a report. The move followed a complaint by Kasaragod district Congress president P K Faisal, who alleged that the repeated release of the convicts amounted to protecting the killers and could disturb peace in the area.

The controversy erupted after five convicts, including the first accused A Peethambaran, a former CPM local committee member, were released from prison and returned to their village at Kalliyot in Periya on Tuesday night. Family members of slain Youth Congress workers Sharath Lal and Kripesh also expressed concern, saying the frequent release of the convicts could create fear and tension in the village.

When contacted, Bekal DySP Azad M P said the convicts had returned to their village with court permission. Until now, they had been barred from entering Bekal police station limits while on leave.

Regarding leave, the officer said it fell under the prison department's jurisdiction.

A special CBI court in January 2025 sentenced 10 CPM workers, including Peethambaran, to double life imprisonment for the murders of Youth Congress workers Kripesh and Sharath Lal.

A senior officer at Kannur Central Prison, where the convicts are lodged, said the release falls under “ordinary leave”, a routine entitlement available to well-behaved convicted prisoners under Kerala prison rules.

There are two other categories of leave: emergency leave, granted in exceptional circumstances such as a death or marriage in the family, and “home leave”, available only to inmates lodged in open prisons -- the minimum-security facilities that house well-behaved prisoners. Home leave can be availed once a year for a maximum period of 15 days.

According to Kannur Central Prison and Correctional Home Superintendent K Venu, prisoners sentenced to one year or more become eligible for ordinary leave after completing either one-third of their sentence or two years in custody, whichever is less, subject to satisfactory conduct in prison.

“A prisoner can avail up to 60 days of ordinary leave in a calendar year,” the officer said. “It can be taken in two spells of 30 days each or in shorter spells of 15 days roughly every two-and-a-half months.” Many prisoners prefer the shorter cycle to remain connected with their families and society, he said.

The officer pointed out that such leave was frequently and incorrectly reported as “parole”, even though parole is a separate category sanctioned by the government under exceptional circumstances.

Political controversy had similarly erupted in February this year when some of the Periya convicts were released on routine 15-day leave, with sections of the media portraying it as parole granted by the LDF government. The latest release, too, has similarly been projected as a benevolent concession extended by the outgoing LDF administration.

Prison officials said that although inmates become eligible for leave from the second year onwards, those arrested in the Periya double murder case did not receive bail or leave during the nearly six years they remained undertrial, from 2019 until their conviction in January 2025.

It was only after their conviction that they became eligible for ordinary leave, officials said.

At any given time, around 150 inmates lodged in Kannur Central Prison are out on ordinary leave, according to prison authorities.

Police and prison officers said unusually strict conditions had been imposed on the Periya convicts. During earlier leave periods, the convicts had been barred from entering Bekal police station limits. The restriction was lifted by the court seven years after the murders. However, officers said heavy police deployment continues in Kalliyot and the convicts remain under surveillance during the leave period.

Under Kerala prison rules, the Director General of Prisons grants the first spell of ordinary leave, while subsequent leave can be approved by prison superintendents.

However, certain categories of prisoners are barred from ordinary leave, including habitual offenders and those convicted of robbery and dacoity-related offences. Those convicted under the NDPS Act are also excluded from leave and remission benefits.

Prison authorities stress that leave and remission are distinct concepts. While leave is treated as a right available under prison rules, remission is an earned reduction in sentence granted for good conduct or prison work.

The Periya double murder is among Kerala’s most politically sensitive criminal cases in recent years. Youth Congress workers Sharath Lal and Kripesh of Kalliyot were hacked to death on February 17, 2019, in the run-up to the Lok Sabha election. Investigators concluded that political rivalry led to the murders.

Apart from the 10 CPM workers convicted for murder, four CPM leaders, including former CPM MLA K V Kunhiraman and former Kanhangad Block Panchayat president and DYFI leader K Manikandan, were sentenced to five years’ imprisonment for helping an accused escape from police custody in the same case.

They were not remanded to judicial custody during the investigation and were granted bail after conviction, with the court noting that their appeals were unlikely to come up for hearing for seven years because of the backlog of criminal appeal cases.