Back
2026 Supreme(Online)(Ker) 1534
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
HAMEEDA K – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 71 OF 2026 | SC NO.664 OF 2017
For the Appellants/Petitioners: SRUTHY N. BHAT, SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SMT.SRUTHY K.K, SHRI.K.ARAVIND MENON, SHRI.AARON ZACHARIAS BENNY
For the Respondents: SRI.N.R.SANGEETH RAJ, PP
Emergency parole can be granted for familial obligations, subject to conditions and legal considerations.
Headnote:The court considered the petition filed under Article 226 seeking emergency parole for a convict for a family function. The salient facts include the petitioner's request and the prior inaction by the authority. The court found the convict eligible for emergency parole from January 17 to January 20, 2026, requiring a bond and subsequent surrender to custody. The court's ruling emphasized the importance of family events in parole considerations. Therefore, the Writ Petition is allowed with conditions for parole.
| Table of Content |
|---|
| 1. petitioner seeks emergency parole for family event. (Para 1 , 2) |
| 2. court grants emergency parole with conditions. (Para 4) |
JUDGMENT
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 Respondent to grant parole to the brother of the petitioner (Aboobacker Siddique, C.No. 656/2025) who is undergoing incarceration at Central Prison and Correctional Services, 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 sister of the convict. The petitioner’s brother by name Aboobacker Siddique (Convict No.656/2025), is undergoing imprisonment in S.C. No.664/2017 on the file of the Sessions Court, Kasaragod, and is lodged at Central Prison and Correctional Home, Kannur. The petitioner filed an application seeking emergency leave for her brother to attend the marriage ceremony of her daughter, scheduled to be solemnized on 18.01.2026. The Competent Authority has not considered the application seeking parole.
3. Heard both sides. Perused the records.
4. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole from 17.01.2026 till 10:00 a.m., on 20.01.2026
5. The Writ Petition is allowed as follows:-
(i) Sri. Aboobacker Siddique (C. No.656/2025), who is undergoing imprisonment in the Central Prison and Correctional Home, Kannur, is granted emergency leave from 17.01.2026 till 10:00 a.m., on 20.01.2026, on his executing bond for Rs.5,000/- (Rupees Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Superintendent of the Central Prison and Correctional Home, Kannur.
(ii) The convict shall surrender before the Superintendent of the Central Prison and Correctional Home, Kannur, at 10:00 am on
20.01.2026.
Sd/-
K. BABU, JUDGE mea APPENDIX OF WP(CRL.) NO. 71 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE WEDDING CARD IS
