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2026 Supreme(Online)(Ker) 766
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
VINEETHA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1812 OF 2025
For the Appellants/Petitioners: Shri Lavaraj M.G., Sri Shindo Varghese
For the Respondents: Sri E.C. Bineesh, SR PP
An inmate may be granted emergency leave for serious illness of a close relative under relevant prison rules.
Headnote:This judgment pertains to Writ Petition under Article 226 seeking emergency leave for a convict due to serious illness of a close relative. The court found the convict eligible for such leave under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014. Thus, the court allowed the petition granting 7 days emergency leave, directing the convict to surrender post-leave.
| Table of Content |
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| 1. petitioner seeks emergency leave due to husband's father being critically ill. (Para 2) |
| 2. court grants 7 days emergency leave to the convict. (Para 6 , 7) |
JUDGMENT
The prayers in this Writ Petition filed under Article
226 of the Constitution of India are as follows:-
“i) Issue a writ of mandamus or such other order or direction, directing the respondents to grant emergency leave to petitioner’s husband;
ii) Such other relief as this Hon’ble Court thinks fit and proper, in the nature and circumstances of the case.”
2. The petitioner is the wife of a convict.
Petitioner’s husband has been convicted in S.C.No.7/2012 on the file of the Additional Sessions Court, Ernakulam, for the offences punishable under Sections 376 and 366 of IPC. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The convict submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave stating that his father is critically ill. The petitioner produced Ext.P1 medical certificate.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.
4. As per Rule 400 of the Kerala Prisons &
Correctional Services (Management) Rules, 2014, in the event of death or serious illness of a very close relative, the convict is entitled to emergency leave for a limited period. Materials have been placed before this Court to show that father of the convict is undergoing treatment for Carcinoma Lungs Stage - IV. It is submitted that this is a life threatening disease.
5. The learned Public Prosecutor opposed the application.
6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency leave for a period of 7 days from 14.01.2026 to 20.01.2026.
7. The Writ Petition is allowed. Sri. Jomon (C.No.118/23), who is undergoing imprisonment in the Central Prison, Viyyur, is granted emergency leave for a period of 7 days from 14.01.2026 to 20.01.2026. The convict shall surrender before the Superintendent, Central Prison, Viyyur on expiry of the period of leave granted.
Sd/-
