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2025 Supreme(Online)(Ker) 45195
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
VEENA V – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1358 OF 2025
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SMT.DIPA V., SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL
For the Respondents: SRI. E.C.BINEESH-SR.PP
Emergency leave can be granted to convicts for attending family funerals if justifiable reasons are provided and adverse reports lack cogency.
Headnote:The petitioner sought emergency leave for the convict to attend funeral rituals, following dismissal of the request based on an adverse police report. Evaluating the circumstances, the court deemed it appropriate to grant two days' emergency leave. Hence, the court's primary determination involved granting the leave on compassionate grounds. The court ordered the respondent to release the convict for the specified dates, requiring him to report to the local SHO during that time. The final outcome was the approval of the emergency leave request.
| Table of Content |
|---|
| 1. petitioner's request for leave based on family death. (Para 1) |
| 2. court hears arguments regarding leave request. (Para 2) |
| 3. court grants leave for funeral attendance. (Para 3) |
JUDGMENT
The petitioner is the wife of the convict who is undergoing imprisonment at the Central Prison and Correctional Home, Poojapura, Thiruvananthapuram. The father-in-law of the convict/father of the petitioner died on 2.10.2025. The convict was granted escort parole to see the dead body of the father-in- law. According to the petitioner, the post funeral rituals are scheduled on 16.10.2025 and 17.10.2025. She seeks emergency leave for the convict to attend the said function. The application filed for that purpose before the respondent No.4 has been dismissed as per Ext.P2. The said order is under challenge in this writ petition.
2. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.
3. Ext.P2 order would show that the request for emergency leave was rejected on the basis of adverse police report. A copy of the police report has been made available to me. No cogent reason has been stated in the report. Considering the entire facts and circumstances of the case, I am of the view that the convict can be granted two days' emergency leave to attend the post funeral rituals of his father-in-law. Hence, the respondent No.4 is directed to grant emergency leave to the convict for two days (16.10.2025 and 17.10.2025). The respondent No.4 shall release the convict on the evening of 15.10.2025. The convict shall return to jail on 18.10.2025 morning before 10 am. The convict shall report before the local SHO concerned on both 16.10.2025 and 17.10.2025 at 12 noon.
The writ petition is disposed of as above.
