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2026 Supreme(Online)(Ker) 2884
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHYAMILI VM – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 82 OF 2026
For the Appellants/Petitioners: SHRI.SUBASH CHANDRAN
For the Respondents: SRI.SANGEETH RAJ
Emergency leave for convicts can be granted in exceptional circumstances under Article 226 of the Constitution.
Headnote:In this writ petition, the court analyzed the emergency leave request of a convict’s wife expecting delivery, noting that similar requests are outside the scope of the Kerala Prisons and Correctional Services Rules. The court acknowledges the urgency of the petitioner's situation under Article 226 of the Constitution and grants emergency leave for a week for the convict. The petition is disposed of as directed.
| Table of Content |
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| 1. emergency leave request by convict's pregnant wife. (Para 1 , 2) |
| 2. emergency leave granted based on exceptional circumstances. (Para 3) |
JUDGMENT
The petitioner is the wife of the convict, who is undergoing imprisonment at the Central Prison and Correctional Home, Kannur. She is pregnant and expecting delivery today. She moved an application for emergency leave to the convict to be with her at the time of delivery. It was dismissed as per Ext.P3 order. Hence, the petitioner has approached this court.
2. I have heard Sri.Subash Chandran, the learned counsel for the petitioner and Sri.Sangeetha Raj, the learned Public Prosecutor.
3. It is true that the reason shown by the petitioner would not fall within Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules , 2014. However, Ext.P1 would show that the petitioner is expecting delivery today. It is submitted by the learned counsel for the petitioner that there is nobody to look after the petitioner. In these circumstances, exercising the jurisdiction vested with this court under Art.226 of the Constitution of India , the 3rd respondent is directed to grant emergency leave to the convict for a period of one week from today.
The writ petition is disposed of as above.
Sd/-
