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2026 Supreme(Online)(Ker) 10207

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
KARUVANGADAN MUKTHAR @ MUTHU – Appellant
Versus
THE SUPERINTENDENT CENTRAL PRISON, KANNUR – Respondent
CRL.MC NO. 1377 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.SUNNY MATHEW, SMT.BHAVANA K.K
For the Respondents: PP. SRI. M.P.PRASANTH

The court delineates procedural adherence for convict leave petitions, emphasizing that prior orders inform ongoing legal rights.

Headnote:In a matter concerning a life convict requesting temporary leave for attending law college, the court analyzed the relevant legal framework under IPC Section 302. The petitioner asserted the necessity to attend examinations, while the prosecution argued for procedural compliance through a writ petition. The court noted previous orders in similar contexts but ultimately dismissed the plea while affirming the petitioner's rights to pursue appropriate legal remedies.

Table of Content
1. prisoner's request for examination leave. (Para 2)
2. arguments regarding procedural compliance. (Para 3 , 4)
3. previous court orders influence the decision. (Para 5 , 6)
4. crl.m.c dismissed, petitioner's rights preserved. (Para 7)

O R D E R Dated this the 16thday of February 2026 The petitioner is a life convict undergoing imprisonment at the Central Prison and Correctional Centre, Kannur, for committing an offence under Section 302 of theIndian Penal Code.

2.The petitioner has in the Criminal Miscellaneous Case stated that, he is pursuing the LL.B course in the KMCT Law College, Kuttipuaram. He has to attend the college for internals in person on 19th, 24th and 26th of this month. Therefore, the 1st respondent may be directed to grant leave to the petitioner for ten days from 18.02.2026 to 28.02.2026, to enable him to appear for the examinations.

3. The learned Public Prosecutor opposes the Crl.M.C. He submits that the petitioner’s proper remedy is to file a writ petition and not a Criminal Miscellaneous Case because no proceedings is pending in any court.

4. The learned counsel for the petitioner refutes the submission and hands over copies of the orders passed by this Court on the earlier occasions in respect to the same matter.

5. I have perused the orders and the judgments passed in identical circumstances, in favour of the petitioner.

6. Taking into consideration the earlier orders passed by this Court in similar situations, I am not inclined to entertain the Crl. M.C.

7. The learned counsel for the petitioner submits that the petitioner may be permitted to file an application to convert the Crl.M.C into a W.P(Crl).

In the light of the above submission, this Crl.M.C is dismissed, without prejudice to the right of the petitioner to workout his remedies in accordance with law.

SD/-

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