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2026 Supreme(Online)(Ker) 5471

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHEEJA C – Appellant
Versus
STATE OF KERALA – Respondent


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
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

J U D G M E N T

Dated this the 31st day of January, 2026 The petitioner is the wife of the convict No.CC

6317 who is undergoing imprisonment for life in the Central Prison & Correctional Services, Poojapura. The petitioner is seriously ill and a growth was detected on her left breast. Doctor has advised a surgery which is scheduled on 02.02.2026. The petitioner preferred Exhibit P2 representation before the 4th respondent to grant emergency leave to the convict to accompany her at the time of surgery and thereafter during hospitalization. It was dismissed as per Exhibit P3 order. Challenging the said order, the petitioner has approached this Court.

2. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

3. The request of the petitioner to grant emergency leave for her husband was rejected on the ground that there is a bar under Rule 400(7)(ii) of the Kerala Prisons and Correctional Services (Management) Rules, since the convict was convicted under Section 392 of IPC. It is true that there is such a bar. However, Exhibit P1 would show that the petitioner has a growth on her breast and surgery is scheduled on 02.02.2026. According to the petitio

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