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2026 Supreme(Online)(Ker) 18645

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
THANKAMANI – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 447 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.ARJUN SREEDHAR, SHRI.ARUN KRISHNA DHAN, SHRI.T.K.SANDEEP, SMT.SWETHA R., SHRI.ADWAITH KRISHNA K.G., SMT.ANJANA S.S., SMT.SNEHA ANNA MATHEW
For the Respondents: SANAL P RAJ

Emergency parole can be granted based on the exigent circumstances of a convict's family, particularly concerning health-related needs.

Headnote:This Writ Petition filed under Article 226 of the Constitution of India primarily seeks a writ of mandamus for the release of the petitioner's son on emergency leave. The petitioner's son, a convict in S.C. No. 937/2012, is required to care for his ailing father. The court found the request reasonable considering the medical circumstances presented in exhibits P1 to P3 and granted the emergency parole for 14 days. The primary issue addressed was whether the convict was entitled to emergency leave under Rule 400 of the Kerala Prison’s and Correctional Services (Management) Rules, 2014, leading to the conclusion that such emergency leave is justified in exigent circumstances.

Table of Content
1. petition for parole based on health needs. (Para 1 , 2 , 3 , 4)
2. court grants emergency parole for specific duration. (Para 6)

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 2nd respondent to release the son of the petitioner, Mr. Ajith Kumar K, on Special leave/Emergency leave for a period of 2 months under Rule 400 of the Kerala Prison’s and Correctional Services (Management) Rules, 2014.

And

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

2. The petitioner is the mother of a convict. The petitioner’s son (Convict No. 425/2024) is undergoing imprisonment in S.C. No. 937/2012 on the file of the Additional Sessions Court, Kasaragod, and is presently lodged at the Central Prison, Kannur.

3. The petitioner submitted an application seeking emergency leave for her son. In the application, it is stated that the petitioner's husband is suffering from Chronic Kidney disease, Uncontrolloed Hypertension, Chronic Obstructive Pulmonary Disease and Cerebellar bleed. As there is no one else to look after him, the presence of the convict is highly essential. The petitioner has produced Exts. P1 to P3 medical records in support of her contention.

4. The petitioner has earlier submitted a representation before respondent No.2 seeking parole. However, the competent authority had rejected the said application, as per Ext.P4.

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 14 days from 17.03.2026 to 30.03.2026.

Accordingly, this Writ Petition is disposed of, directing Respondent No. 2 to release the convict on emergency parole for the period from 17.03.2026 to 30.03.2026. The convict shall surrender before Respondent No. 2 on 31.03.2026 without fail.

Sd/-

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