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2026 Supreme(Online)(Ker) 1332

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
AKHILA K T – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 46 OF 2026|CRIME NO.250/2011



Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SMT.DIPA V., SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL, SHRI.MAHESWAR PADICKAL, SMT.AKSHARA S.
For the Respondents: ADV E C BINEESH

A court may grant parole if significant qualifying circumstances exist, such as caring for a seriously ill family member.

Headnote:The petition, under Article 226, seeks an emergency parole for the petitioner's husband, a convict undergoing incarceration, due to his mother's significant health issues, supported by medical records (see paragraphs 2-4). The Court finds, upon consideration of the circumstances, that the convict should receive emergency parole from 16.01.2026 to 25.01.2026 (refer to paragraph 6). It further directs the Superintendent to ensure the release under stipulated conditions.

Table of Content
1. request for writ under article 226. (Para 1)
2. convict's family health condition necessitates parole. (Para 2 , 3 , 4)
3. emergency parole granted under specific conditions. (Para 6)

ORDER

The prayers in this Writ Petition filed under Article

226 of the Constitution of India are as follows:-

“I. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3rd and 4th Respondent to grant parole or emergency leave to petitioner’s Husband (Convict No.C-551/2024) who is undergoing incarceration at Central Prison &

Correctional Home, Kannur in accordance with law;

II. To grant any such other and further relief as this Hon’ble Court may deem fit in the facts and circumstances of the case, so as to meet the ends of justice .”

2. The petitioner is the wife of the convict. The petitioner’s husband (Convict No. C-551/2024) is undergoing imprisonment in S.C. No. 659/2011 on the file of the Additional Sessions Court-IV, Thalassery, and is presently lodged at the Central Prison and Correctional Home, Kannur.

3. The petitioner submitted an application seeking emergency leave for her husband. In the application, it is stated that the convict’s mother is suffering from cancer (Papillary Thyroid Carcinoma). She requires to undergo a surgery. As there is no one else to look after her, the presence of the convict is highly essential. The petitioner has produced Ext. P1 medical records in support of her contention.

4. The petitioner has earlier submitted Ext. P2 representation before the 4th respondent seeking parole. However, the competent authority had rejected the said application.

5. Heard both sides.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for a period of ten days from 16.01.2026 to 25.01.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release the convict on emergency parole from 16.01.2026 to 25.01.2026, on his executing a bond for ₹5,000/- (Rupees Five Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the Superintendent, as provided under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 . The convict shall surrender before the Superintendent of the Central Prison and Correctional Home, Kannur, on 26.01.2026 without fail.

Sd/-

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