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2025 Supreme(Online)(Ker) 55651

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
AMBIKA. T – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1725 OF 2025



Advocates:
For the Appellants/Petitioners: Y.BEYLINE DAS
For the Respondents: SRI.RAJESH A, SMT.REKHA S

Emergency parole can be granted under Article 226 for fulfilling familial duties during significant events, balancing justice and compassion.

Headnote:The matter revolves around a writ petition for emergency parole under Article 226 to attend a funeral. The convict is son of the deceased, necessitating urgent parole. The court finds that granting parole is in the interest of justice and allows the request with conditions. The final direction is to provide escort parole for four hours.

Table of Content
1. writ petition for emergency parole based on family funeral. (Para 1)
2. necessity of parole for family event. (Para 2 , 3)
3. decision to grant parole under supervision. (Para 4)
4. final order to dispose of the petition. (Para 5)

O R D E R

One Ambika T., who is the mother of the Jayalal @ Lal, aged 39 years, now undergoing imprisonment in S.C.No.400/2012 on the files of the Sessions Judge, Thiruvananthapuram, for the offences punishable under Section 302 r/w Section 34 of IPC , has filed this writ petition (criminal) under Article 226 of the Constitution of India and the prayer herein is to grant emergency parole for the purpose of attending the ‘Sanchayanam’ (funeral function) of his deceased father to be held at 8 am on 11.12.2025.

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor.

3. According to the learned counsel for the petitioner, the Sanchayanam of the father, who died on 06.12.2025, proposed to be conducted at 8 am on 11.12.2025. For which, urgent parole to the convict is necessary in the interest of justice.

4. In consideration of the prayer as above, and adverting to the submission of the learned counsel for the petitioner that the convict is the only son of the deceased father, report from the Jail Authorities through telephone was obtained through the learned Special Public Prosecutor. It has been informed that no application for parole has been moved before the Jail Authorities, although such relief was sought in this petition

5. Leaving all these things, in the interest of justice, and to facilitate conduct of the ceremonies of the ‘Sanchayanam’ of the father of the convict, the Superintendent of Jail, Central Prison and Correctional Home, Poojappura, Thiruvananthapuram, is directed to provide him an escort parole for four hours on 11.12.2025 starting from 7.30 am to do the functions of ‘Sanchayanam’, strictly under the surveillance of Officers of jail and Police, without causing any disturbance to the function. Upon completion of the four hours, the convict shall be brought back to the jail without fail.

Holding so, this writ petition stands disposed of.

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