Emergency leave for convicts to attend to family medical needs is permissible under applicable prison rules.

JUDGMENT

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

“1. Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2^nd respondent to release the husband of the petitioner, Mr. K.G.Kishorkumar @ Kishor on Special leave/Emergency leave for a period of 2 months to attend to the surgery and post-operative care of his minor son, under Rule 400 of the Kerala Prison’s and Correctional Services (Management) Rules, 2014.

2. Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2^nd respondent to consider and pass orders on representation of the petitioner within a time frame as may be fixed by this Hon’ble Court.

And

3. Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case”

2. The petitioner is the wife of a convict. Petitioner’s husband has been convicted in S.C.No.937/2012 on the file of the Additional Sessions Court-II, Kasaragod, for the offences punishable under Sections 153A, 341, 302, 120(B) r/w Section 34 of IPC. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The petitioner submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave to the convict to support his minor son who has to undergo a surgery and to provide post-operative care. The petitioner produced Ext.P1 medical certificate in support of the application.

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

4. Materials have been placed before this Court to show that the minor son of the convict is undergoing treatment for Hypospadias with Chordee and requires surgery.

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 15 days from 24.02.2026 to 09.03.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release Sri. K.G.Kishorkumar @ Kishor (Convict No.425/24) on emergency parole for a period of 15 days from

24.02.2026 to 09.03.2026, as provided under Rule 400 (4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 . The convict shall surrender before the Superintendent of the Central Prison and Correctional Home, Kannur, on 10.03.2026, without fail.

Sd/-