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2026 Supreme(Online)(Ker) 16339

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
REEJA MOTHI.M – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 302 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: SRI.N.R.SANGEETHARAJ, PUBLIC PROSECUTOR

Emergency parole was granted under compelling health circumstances according to established rules.

Headnote:This Writ Petition addresses the grant of emergency parole for a convict pending health-related issues of his spouse, asserting rights under Article 226 of the Constitution of India. The Court found merit in the application for parole in light of the compelling health circumstances presented. The Court emphasized the necessity of the convict's presence for post-surgical care, accessing Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014.

Table of Content
1. the petition seeks emergency parole based on health issues. (Para 1 , 2 , 3 , 4)
2. the court grants emergency parole based on the petitioner's health conditions. (Para 6)

K.BABU, J.

--------------------------------------

W.P (Crl) No.302 of 2026 ---------------------------------------

Dated this the 6th day of March, 2026 JUDGMENT The prayers in this Writ Petition (Criminal) filed under Article

226 of the Constitution of India are as follows:

“i. Pass a Writ of Mandamus or any other appropriate Writ, directing the respondent Nos. 1 to 3 to release the husband of the petitioner, ‘Shafeeque S/o Ahammedkutty’ (C. No.482/2025), on emergency leave/parole for ten (10) days, within a reasonable time fixed by this Honourable Court;

ii. Pass a Writ of Mandamus or any other appropriate Writ, directing the respondent No. 3 to consider and dispose of the Exhibit P-2 representation within a time frame fixed by this Hon’ble court.

iii. Dispense with the filing of the translation of vernacular documents produced along with this Writ Petition.

And iv. Pass such other Order as this Honourable Court deems fit in the facts and circumstances of the case. ”

2. The petitioner is the wife of Convict No.482/2025 of Central Prison and Correctional Home, Thavanoor who is undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.695 of 2018 on the file of the Sessions Court, Manjeri.

3. The petitioner submitted an application seeking emergency leave for her husband. In the application, it is stated that the petitioner, aged 51 years, is suffering from various ailments. It is further submitted that the present health condition of the petitioner is very poor and she cannot walk without assistance. She has been medically advised to undergo knee surgery. It is pleaded that the presence of the convict is necessary for completing hospital formalities and for providing post-surgical care to his wife.

4. The petitioner has earlier submitted Ext.P2 application before respondent No.3 seeking emergency leave. However, the competent authority has not taken any decision on the said application till date.

5. Heard both sides.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for a period of one week from 07.03.2026 to 13.03.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Thavanoor, to release the convict on emergency parole from 07.03.2026 to 13.03.2026, 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, Thavanoor, on 14.03.2026 without fail.

Sd/-

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