Emergency leave for convicts may be granted under compassionate grounds as per prison regulations.

JUDGMENT

The prayers in this Writ Petition filed under Article

226 of the Constitution of India are 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. C 677/2025) who is undergoing incarceration at Central Prison & Correctional Home, Kannur 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.

Petitioner’s husband has been convicted in S.C.No.143/2017 on the file of the Additional District and Sessions Court, Taliparamba, for the offences punishable under Section 307 read with Section 34 of IPC and Sections 4(a)(b)(i) and 5(a) of the Explosive Substances Act, 1908 read with Section 34 of IPC. He has been sentenced to undergo rigorous imprisonment for a period of ten years. The petitioner submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave stating that his father is critically ill. The petitioner produced Exts.P2 and P3 medical certificates.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.

4. As per Rule 400 of the Kerala Prisons &

Correctional Services (Management) Rules, 2014, in the event of death or serious illness of a very close relative, the convict is entitled to emergency leave for a limited period. Materials have been placed before this Court to show that father of the convict is undergoing treatment for Type 2 Diabetes Mellitius, Hypertension, and minor cardiac disease. The patient underwent a second surgery on 10.02.2026 at AKG Hosptial, Kannur and is currently in a critical medical condition. It is submitted that he will not be able to perform his routine activities for a minimum period of 4-5 months.

5. The learned Public Prosecutor opposed the application.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency leave for a period of 7 days from 17.02.2026 to 23.02.2026.

7. The Writ Petition is allowed. Sri. Nishad V.K. (C.No.677/25), who is undergoing imprisonment in the Central Prison and Correctional Home, Kannur, is granted emergency leave for a period of 7 days from 17.02.2026 to 23.02.2026. The convict shall surrender before the Superintendent, Central Prison and Correctional Home, Kannur, on expiry of the period of leave granted.

Sd/-