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2026 Supreme(Online)(Ker) 389
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
JANAKI – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1807 OF 2025 | CRIME NO.87/2018
For the Appellants/Petitioners: SHRI.AJAI BABU, SHRI.MUHAMMED NASEEF BIN SALIM
For the Respondents: SRI.N. R SANGEETHARAJ, PP
Restrictions on a convict's movement during leave must not infringe on fundamental rights, particularly the right to family life.
Headnote:Statute Analysis: The petitioner sought relief under Article 226 of the Constitution of India against a condition imposed on a convict's leave that prohibited him from entering Agali Police Station limits. Facts of the Case: The petitioner, mother of the convict, contended that the condition in order dated 03.07.2025 curtailed the convict's rights.
Findings of Court:
The court found the restriction on entering the jurisdictional limits unsustainable and thus ruled in favor of the petitioner.
Issues: The court framed the issue regarding the legality of the condition imposed on the convict’s leave.
Ratio Decidendi: The court reasoned that restricting the convict from his family home was not legally justifiable, advocating the convict's fundamental rights.
Result: The condition in Exhibit P1 is quashed, allowing the convict entry into Agali Police Station limits.
| Table of Content |
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| 1. petitioner seeks quashing of a condition limiting convict's family access. (Para 1 , 2) |
| 2. court found the imposed restriction legally unsustainable. (Para 3) |
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
“i. Issue a writ of certiorari or any other appropriate writ or order quashing Condition No. 3 in Exhibit P1 order dated 03.07.2025 issued by the 3rd respondent, to the extent it prohibits the convict from entering the jurisdictional limits of Agali Police Station during the period of ordinary leave;
ii. Issue a writ of mandamus or appropriate direction commanding the respondents to permit the convict to reside in his family residence within Agali Police Station limits during the leave period, subject to his obligation to report before the Station House Officer, Agali Police Station, either on the day of entry or on the next day after release;
iii. Grant such other reliefs as may be prayed for and as the court may deem fit and cost of the writ petition. ”
2. The petitioner is the mother of a convict. The petitioner’s son by name Radhakrishnan, S/o. Balan (Convict No.143/23), is undergoing imprisonment in S.C. No. 265/2018 on the file of the Special Court for the Trial of Offences under the SC/ST (Prevention of Atrocities) Act, Mannarkkad at the Central Prison and Correctional Home, Thavanoor. The convict has been granted ordinary leave as per Ext. P1 order. The grievance of the petitioner is that, while granting ordinary leave, the convict has been restrained from entering the territorial limits of Agali Police Station, where his family house is situated. The grievance of the petitioner is that, in view of the condition imposed in Ext. P1 order, the convict is unable to enjoy the fruits of the ordinary leave. It is submitted that this restriction curtails his right to go to his family house, where his aged parents and children are residing. The learned counsel relied on Ext. P2 judgment in W.P. (Crl.) Nos. 1307, 1310 and 1312 of 2025 dated 07.10.2025, to contend that the condition imposed in Ext. P1 is not legally sustainable.
3. Having regard to the circumstances brought out, I feel that the condition in Ext. P1 to the effect that the convict shall not enter the territorial limits of Agali Police Station is unsustainable.
4. The writ petition is allowed as follows:
The condition in Ext. P1 to the effect that the petitioner’s son/convict shall not enter the jurisdictional limits of Agali Police Station, is quashed. The petitioner’s son/convict is free to enter the jurisdictional limits of Agali Police Station.
