Emergency bail for convicts necessitates proper medical certification for family health crises.

ORDER

Dated this the 23^rd day of February, 2026 The wife of the convict in S.C. No. 527 of 2020 on the file of the Additional Sessions Court for the trial of cases relating to atrocities and sexual violence towards women and children, kozhikode, has filed this petition under article 226 of the Constitution of India, praying for a direction to the respondents to grant emergency bail to her husband for a period of 15 days on the ground that one of their sons is suffering from mental depression.

2. According the learned counsel for the petitioner, a representation was given to the respondents and the same was rejected as per Ext.P3 order on the ground that the certificate produced was not issued by the Civil Surgeon and also that the patient was not in a critical condition.

3. The petitioner’s husband stands convicted and is undergoing imprisonment for a period of 20 years in a POCSO case. According to the petitioner, they have two children aged 13 and 9 and the elder son is suffering from depression after the detention of the convict. It is contended that the child is unable to perceive properly and medically and emotionally vulnerable.

4. The petitioner has produced a certificate issued by the Chethana Centre for Neuropsychiatric Rehabilitation Pvt. Ltd., dated 06.10.2025, stating that the child is suffering from mild depression and also that he is under treatment as an outpatient from 06.10.2025. The certificate also states that the he requires continuous treatment with regular follow up for the management of his condition.

5. In Ext.P3 order passed by the Superintendent, Central Prison and Correctional Home, Kannur, it is stated that there is no provision for giving emergency leave unless a close relative is in a critical condition and even in that case the application should be accompanied by a certificate issued by a Civil Surgeon.

After hearing the learned Public Prosecutor as well as the learned counsel for the petitioner, I deem it appropriate to dispose of this W.P.(Crl.) permitting the petitioner to approach the respondents with a certificate issued by a Civil Surgeon in Government service, if her son is suffering from any serious illness, as claimed.

Sd/-

C. PRATHEEP KUMAR, JUDGE NJ APPENDIX OF WP(CRL.) NO. 1711 OF 2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF AADHAR CARD OF PETITIONER’S SON MUHAMMED HINAN P BEARING HIS DATE OF BIRTH Exhibit P2 THE TRUE COPY OF THE CERTIFICATE DATED