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2026 Supreme(Online)(Ker) 14755

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SHAKUNTHALA P.K. – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 384 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.SUBASH CHANDRAN, SMT.KAVITHA K.T., SMT. AHALYA PRAKASH K.V., SHRI.HAMDAN MANSOOR K.
For the Respondents: SRI.N.R.SANGEETHARAJ, PP

Emergency parole can be granted for compassionate reasons under specified prison regulations.

Headnote:This judgment concerned a Writ Petition under Article 226 seeking emergency parole for a convict to visit his critically ill mother. The Court found the convict entitled to 3 days leave as per Rule 400 of the Kerala Prisons Rules, affirming the need for compassionate grounds. The principal issue was whether the petitioner’s application should have been considered under the emergency provision. The court’s reasoning emphasized the critical health condition of the petitioner's mother. The final outcome was to grant the request for parole for specified days.

Table of Content
1. emergency parole can be applied for in critical health situations. (Para 1 , 2)
2. court reviewed medical evidence and arguments regarding the convict's application. (Para 3 , 4 , 5)

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 the respondents to forthwith grant emergency leave/escort parole to Anil Kumar I.V., C.No.35/2025, to visit his critically ill mother in accordance with Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules ;

2. Declare that the petitioner’s brother is entitled to be considered for emergency visit in view of his mother’s critical medical condition;

3. Grant such other reliefs as this Hon’ble Court may deem fit and proper in the interests of justic”

2. The petitioner is the sister of a convict. The petitioner submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency parole to the convict to facilitate him to visit his mother, aged 88 years, who is bedridden and in a critical condition. That application was not considered by the respondents.

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

4. The learned counsel for the petitioner relied on Ext.P1 Medical Certificate to substantiate her contention.

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 3 days from 06.03.2026 to 08.03.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release Sri. Anil Kumar I.V. (Convict No.35/2025) on emergency parole for a period of 3 days from 06.03.2026 to 08.03.2026, 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 09.03.2026, without fail.

Sd/-

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