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2026 Supreme(Online)(Ker) 253

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
NAJEEBA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1814 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: SRI.E.C.BINEESH, Sr. PP

Emergency parole can be granted for attending family functions under specified conditions.

Headnote:The Writ Petition filed under Article 226 of the Constitution of India sought emergency parole for the convict husband of the petitioner to attend a family marriage. The court found that the convict is entitled to emergency parole for the specified period and ordered his surrender post-release. The Writ Petition is disposed of as directed.

Table of Content
1. prayers for writ under article 226. (Para 1)
2. petitioner seeks parole for family function. (Para 2)
3. entitlement to emergency parole established. (Para 4)

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“i. Pass a Writ of Mandamus or any other appropriate Writ, directing the respondent Nos. 1 to 3 to release the husband of the petitioner, ‘Ansar Ahammed, S/o Abdul Salam,’ on emergency leave/parole for ten (10) days, within a reasonable time fixed by this Honorable Court;

ii. Pass a Writ of Mandamus or any other appropriate Writ, directing the respondent No. 3 to consider and dispose of the Exhibit P-2 application within a time frame fixed by this Hon’ble court.

iii. Dispense with the filing of the translation of vernacular documents produced along with this Writ Petition.

iv. Pass such other Order as this Honourable Court deems fit in the facts and circumstances of the case.”

2. The petitioner is the wife of the convict. The petitioner’s husband by name Ansar Ahammed (Convict No. 53/2022), who is undergoing imprisonment in S.C. No. 630/2020 on the file of the Additional Sessions Court, Ottappalam, and is lodged at Central Prison and Correctional Home, Thavanur. The petitioner filed an application seeking emergency leave for her husband to attend the marriage ceremony of the petitioner’s brother and sister, scheduled to be solemnized on 11.01.2026. The competent authority has not considered the application seeking parole.

3. Heard both sides.

4. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for a period of one week, from 09.01.2026 to 15.01.2026. The convict shall surrender before the Superintendent of the prison concerned on 15.01.2026 without fail.

The writ petition is disposed of accordingly.

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