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2025 Supreme(Online)(Ker) 47032
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
KARUVANGADAN MUKTHAR – Appellant
Versus
THE SUPERINTENDENT CENTRAL PRISON, KANNUR – Respondent
WP(CRL.) NO. 1304 OF 2025
For the Appellants/Petitioners: SHRI.SUNNY MATHEW, SMT.BHAVANA K.K
For the Respondents: SMT.SEETHA.S. SR. PP
The court affirms the educational rights of imprisoned individuals while balancing their custody requirements.
Headnote:This case involves a writ petition for grant of leave under the auspices of the principles in Pattakka Suresh Babu v. State of Kerala. The petitioner, an LLB student imprisoned, seeks leave to attend university examinations occurring in October 2025. The court grants parole for the petitioner under specific conditions to attend scheduled examinations, emphasizing the balance of the petitioner's educational rights and custody obligations. The court directs release on bond, ensuring return to custody post-examinations.
| Table of Content |
|---|
| 1. request for examination attendance from prison. (Para 1 , 2) |
| 2. parole granted for educational purposes. (Para 3) |
JUDGMENT
This writ petition is filed with the following prayers:
i) To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to grant leave to the petitioner for a period of 1 month from 06.10.2025, so as to enable him to attend the 4th semester University Examinations scheduled to take place from
07.10.2025 ii) To pass an order directing the 1st respondent to grant leave to the petitioner whenever the physical presence of the petitioner is insisted by the College/University for attending Moot Court seminar, workshop, examinations program, University Examinations or any other practical training as part of the petitioner’s 3 year LLB course.”
2. When this writ petition came up for consideration on 29.09.2025, this Court passed the following order:
“Admit.
2. The Public Prosecutor takes notice for the respondents.
3. It is submitted that the petitioner is a LLB student and he is pursuing his studies, when he is undergoing imprisonment. It is submitted that as per Ext.P1, a viva voce of Drafting Pleading and Conveyancing is going to be conducted on 07.10.2025 by KMCT Law College, Calicut, where the petitioner is studying. The petitioner prayed for parole for attending viva voce. In the light of the principle laid down by the Division Bench of this Court in Pattakka Suresh Babu v. State of Kerala [2024 (1) KHC 55] , I think the petitioner can be granted parole for four days. Therefore, the petitioner shall be released from jail for a period of four days from 06.10.2025 (Monday) on condition that petitioner will execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum to the satisfaction of the jail authorities. Post on 10.10.2025.”
3. Based on the above order, the petitioner was granted parole for four days. Now the petitioner submits that the written examination is going to start on 14.10.2025. He submits that the convict may be released for attending the examination. This Court perused Ext.P2 which says that the examination starts on 14.10.2025 and the last examination is on 27.10.2025. If that be the case, the petitioner can be released from 13.10.2025 till 28.10.2025 in the light of the principle laid down by the Division Bench of this Court in Pattakka Suresh Babu v.
State of Kerala [2024 (1) KHC 55]
Therefore, this writ petition (Crl.) is disposed of with the following directions:
1. The petitioner shall be released on emergency leave on executing a bond for Rs.1 lakh with two solvent sureties each for the like sum to the satisfaction of the jail authorities from 13.10.2025 till 28.10.2025.
2. The petitioner shall report back to the jail on
