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2026 Supreme(Online)(Ker) 9584

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SUMI – 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.AZAD SUNIL, SHRI.AKASH CHERIAN THOMAS, SHRI.T.P.ARAVIND, SHRI.MAHESWAR PADICKAL, SMT.AKSHARA S., SMT.NIVEDITA RAJEEV
For the Respondents: ADV EC BINEESH, PP

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of theConstitution of Indiaare as follows:-

“I.Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3rd and 4th Respondent to grant parole or emergency leave to petitioner’s husband (Convict No. 206/2023) who is undergoing incarceration at Central Prison & Correctional Home, Thavanoor Malappuram in accordance with law ;

II.To grant any such other and further relief as this Hon’ble Court may deem fit in the facts and circumstances of the case, so as to meet the ends of justice .”

2. The petitioner is the wife of a convict. The petitioner’s husband (Convict No. 206/2023) is undergoing imprisonment in S.C. No. 698/2019 on the file of the Additional Sessions Court, Ottapalam, and is presently lodged at the Central Prison and Correctional Home, Thavanoor, Malappuram.

3. The petitioner submitted an application seeking emergency leave for her husband. In the application, it is stated that the petitioner has completed her Ph.D. from Karpagam Academy of Higher Education, Coimbatore, and that the convocation is scheduled on 16.02.2026. It is further submitted that the presence of the p

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