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2026 Supreme(Online)(Ker) 6625

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RAJEENA P. – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 125 OF 2026



Advocates:
For the Appellants/Petitioners: E.A. Haris, M.A. Ahmad Saheer, Muhaammed Yasil, Aagi Johny, Raheeba Thesni M., Ifra Iqbal
For the Respondents: N R Sangeetha, Raj PP

Emergency parole can be granted when there are compelling humanitarian grounds, such as the death of a close relative.

Headnote:The Writ Petition under Article 226 challenged the rejection of emergency parole for a convict, following the death of a close relative. The Court found merit in the application, stating that under applicable legal provisions, the convict is entitled to emergency parole for three days from 09.02.2026 to 11.02.2026, emphasizing the necessity of familial attendance during bereavement. The Writ Petition is disposed of with directions for the convict's release on parole.

Table of Content
1. grounds for emergency parole based on familial loss. (Para 1 , 2 , 3 , 4 , 5)
2. court grants emergency parole for the convict. (Para 6)

O R D E R

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“i. Call for the records leading to the issuance of Exhibit P2 order rejecting the request for emergency parole submitted by the Petitioner's husband and quash the same by issuing a writ of certiorari;

ii. Direct the Respondents to grant emergency leave/parole to the Petitioner’s husband in accordance with the applicable legal provisions and jail manual regulations.

iii. Dispense with the translation of documents produced in vernacular language.

iv. Grant such other reliefs as this Hon’ble Court may deem fit in the interest of justice.”

2. Heard both sides.

3. The petitioner is the wife of a convict. The petitioner’s husband (Convict No. C-290/2024) is undergoing imprisonment in S.C. No. 03/2012 on the file of the Sessions Court, Ottapalam, and is presently lodged at the Central Prison and Correctional Home, Thavanoor.

4. The petitioner submitted an application seeking emergency leave for her husband. In the application, it is stated that the convict’s maternal uncle expired on 11.01.2026. The petitioner has requested three days’ emergency parole to enable the convict to attend the post-funeral rites, of his uncle.

5. The petitioner had earlier submitted Ext. P2 representation before the 2nd respondent seeking parole. However, the competent authority had rejected the said application.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for a period of three days from 09.02.2026 to 11.02.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Thavanoor, to release the convict on emergency parole from 09.02.2026 to 11.02.2026. The convict shall surrender before the Superintendent of the Central Prison and Correctional Home, Thavanoor, on 12.02.2026 without fail.

Sd/-

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