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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
WP(CRL.) NO. 1105 OF 2025



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

Emergency leave denial is valid when health conditions of the convict's relatives are stable.

Headnote:This case involves a petition for emergency leave by the mother of a convict, Abhishek, undergoing a ten-year sentence for offenses under Section 377 IPC and the POCSO Act. The request was denied by the Jail Superintendent based on the father's stable health condition. The court upheld the decision of the Superintendent, confirming there was no irregularity or illegality in the rejection of leave as the father's ailments were not critical. Ultimately, the court dismissed the writ petition.

Table of Content
1. emergency leave request for convict's father. (Para 1)
2. convict's imprisonment details and health claim. (Para 2)
3. court's review and dismissal reasoning. (Para 3)

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 discharged from the hospital after his condition became stable. In the above circumstances, I do not find any irregularity or illegality in Exhibit P4 order of the Superintendent of Jail, High Security Prison, Viyyur, rejecting the prayer for emergency leave. Therefore, this WP(Crl.) is dismissed.

Sd/-

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