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2025 Supreme(Online)(Ker) 50990

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ANEETA SHANU DSILVA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1555 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.DAJISH JOHN, SRI.P.B.ASOKAN, SRI.S.SREEKUMAR, SHRI.ANANDHU K.S
For the Respondents: ADV SANGEETH RAJ PP

The court recognized the right of a convict to seek emergency leave under justifiable circumstances, emphasizing the need for compassion in the justice system.

Headnote:In this case, the petitioner challenges the dismissal of an application seeking emergency leave for a convict to attend a family memorial service, underlining the convict's rights and conditions of imprisonment. The court analyzed relevant regulations regarding emergency leave and deemed the request justified, directing the respondent to grant the leave. Consequently, the petition was decided in favor of the appellant, and the court ordered a three-day emergency leave for the convict.

Table of Content
1. convict's family rights (Para 2)
2. legal representation and arguments provided (Para 3)
3. court's order for emergency leave (Para 4)

J U D G M E N T

The petitioner is the daughter of the convict (C.No.73/24), who is undergoing life imprisonment at the Central Prison & Correctional Home, Viyyur. The petitioner's father was convicted in S.C.No. 666 of 2015 on the files of the Additional District and Sessions Court-VI, Ernakulam, for the offence punishable under Section 302 of the IPC.

2. The father-in-law of the convict expired on 02.11.2025.

The 13th day death ceremony of the father-in-law of the convict is scheduled to be conducted on 15.11.2025. The petitioner submitted an application seeking emergency leave for the convict to attend the said function. However, it was dismissed as per Ext.P3 order. The said order is under challenge in this writ petition.

3. I have heard Sri.Dajish John, the learned counsel for the petitioner and Sri.Sangeetha Raj N.R., the learned Public Prosecutor.

4. Though the petitioner had applied for emergency leave for the convict to see the body of his father-in-law, that was rejected. In these circumstances, I am of the view that the convict should be granted emergency leave to attend the 13th day function. Hence, respondent No.2 is directed to grant three days' emergency leave to the convict from 15.11.2025 to 17.11.2025, as per Rules.

The writ petition is disposed of as above.

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