Emergency parole may be granted under specific law provisions, considering the immediate family circumstances.

JUDGMENT

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

“i. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to grant emergency parole/ordinary leave to the Petitioner’s husband, Arogyadas @ Venu, Convict No.3857, presently lodged at the Open Prison and Correction Home, Nettukaltheri, Thiruvananthapuram District, for a period of 30 days, to enable him to take care of the Petitioner who has undergone complicated delivery through LSCS and to attend to the needs of their newborn baby and three minor children;

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

2. The petitioner is the wife of Convict No.3857 of Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram, who is undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.368 of 2014 on the file of the Additional District &

Sessions Court, Neyyattinkara.

3. The petitioner submitted an application seeking emergency leave for her husband. However, the competent authority had rejected the said application. It is submitted that the petitioner has delivered a baby on 7.2.2026 and has been discharged from the hospital. However, she is in a fragile post-operative condition and requires constant assistance for her recovery. It is further submitted that the petitioner has three other children who are dependent on her. There is no other adult member in the house to take care of the children. It is alleged that the presence of the convict is necessary to take care of his wife during the post-operative period and to look after the other three children.

4. Heard both sides.

5. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for a period of two weeks from 04.03.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram to release the convict on emergency parole from 04.03.2026 to 18.03.2026, 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 Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram on

19.03.2026 without fail.