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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


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

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 convi

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