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2026 Supreme(Online)(Ker) 4341

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SANTHAKUMARI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.FRANCIS ASSISI, SMT.AMRUTHA P S, SMT.MANJU LUCKOSE, SHRI.VINAYAK P.S., SHRI.AJEESH S.BRITE
For the Respondents: SMT. C. SEENA

J U D G M E N T Dated this the 28th day of January, 2026 The mother of a convict -Abhishek, involved in SC. No.1092 of 2017 on the file of the Additional Sessions Court (For Trial of Cases Relating to Atrocities and Sexual Violence against Women and Children), Ernakulam, arising out of Crime No.1348/2016 of Mulanthuruthy Police Station, filed this petition praying for granting emergency leave for a period of twenty days to the convict on the ground that his father is suffering from various ailments. The application was rejected by the Superintendent of Jail, High Security Prison, Viyyur, Thrissur, as per Exhibit P4 proceedings on the ground that his father is not suffering from any serious ailments and also that he was already discharged from the hospital when his condition became stable.

2. The convict is undergoing imprisonment for ten years for the offences under Section 377 IPC and Section s 3 , 4, 5 and 6 of the POCSO Act . In Exhibit P4, the Superintendent of Jail, High Security Prison, Viyyur, stated that emergency leave can be granted only in the case of death or critical illness of close relative of the convict.

3. In the instant case, admittedly, his father was discharge

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