SUMI vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 9584

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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
WP(CRL.) NO. 254 OF 2026

Important Points

Emergency parole may be granted based on compassionate grounds when circumstances justify attendance at significant personal events.

Subject

Criminal Law - Writ Petition

Act Referred

Constitution of India: Article 226

Headnote

The petition under Article 226 seeks a writ of mandamus for the petitioner's husband, incarcerated convict No. 206/2023, to receive emergency leave. The court determined that the convict is entitled to emergency parole for attending his wife's convocation, supported by relevant documentation (paragraphs 1-6). The core issue was whether the circumstances warranted granting the emergency leave, with the court’s reasoning rooted in compassionate grounds and legal provisions concerning parole eligibility (paragraphs 2-5). The court directed the release of the convict on emergency parole from 14.02.2026 to 16.02.2026, obliging him to surrender thereafter (paragraph 6).

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

Table of Content
1. request for emergency leave under compassionate circumstances. (Para 1 , 2)
2. supporting evidence of the petitioner's need for her husband's presence. (Para 3 , 4)
3. final directive for emergency parole granted. (Para 6)

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 petitioner’s husband is highly necessary for attending the convocation ceremony. The petitioner has produced Ext. P1 circular dated 05.02.2026, issued by the college, in support of her contention.

4. The petitioner has earlier submitted Ext. P2 representation before respondent No.4 seeking parole. However, the competent authority had rejected the said application.

5. Heard both sides.

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 14.02.2026 to 16.02.2026.

Accordingly, this Writ Petition is disposed of directing respondent No.4 to release the convict on emergency parole from 14.02.2026 to 16.02.2026. The convict shall surrender before respondent No.4 on 17.02.2026 without fail.