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2026 Supreme(Online)(Ker) 19532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
GEETHA M.K., THAMBAYI, THAMBAYI A – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 459 OF 2026
For the Appellants/Petitioners: Shri.K.S.Madhusoodanan, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SRI.K.S.MIZVER
For the Respondents: SRI.N.R.SANGEETHARAJ, PP
The court determined that imposed conditions on convicts' leave were improper and violated their rights.
Headnote:This Writ Petition, filed under Article 226, seeks to quash certain conditions imposed on the release of convicts on leave. The petitioners, mothers of three convicts serving life sentences, argue the restrictions prevent access to their residence. The court finds these conditions unsustainable and allows the petition, quashing the restrictions.
Result: Conditions imposed on the release of the convicts were quashed, allowing their release as per the orders.
| Table of Content |
|---|
| 1. conditions on convicts' leave restrict their access to residence. (Para 2 , 3 , 4) |
| 2. court finds imposed conditions unsustainable. (Para 6) |
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
“i. Call for records connecting Exhibits P2 to P4 from the respondents concerned;
ii. Call for Exts.P2 and P3 and set aside condition No.1 therein relating to the entry of the convict Nos. C-16/25 and C-21/25 respectively within the limits of Bakel Police Station;
iii. Call for Ext.P4 from the 2nd respondent and Issue Writ of Certiorari to quash condition Nos. 1 and 2;
iv. Issue Writ of Mandamus directing 4th respondent to see that there is no threat to life of the petitioner’s sons (Convict Nos. C-16/25, C-21/25 and C-22/25) while on leave;
v. Dispense with filing of the translation of vernacular documents.
vi. Such other reliefs as this Hon’ble Court may deems fit and proper;
AND vii. Award cost to the petitioners.”
2. The petitioners are the mothers of Convict Nos.16/25 (Sri.Gijin G.), 21/25 (Sri.Peethambaran) and 22/25 (Sri.Subeesh) of Central Prison and Correctional Home, Kannur, who are undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.260/2022 on the file of the Additional District and Sessions Court – IV, Ernkulam.
3. The convicts have been granted ordinary leave as per Exts. P2, P3 and P4 orders. The learned counsel for the petitioners submitted that, while granting ordinary leave, the convicts have been restrained from entering the territorial limits of the Bekal Police Station, where their permanent residence is situated.
4. The grievance of petitioners is that, in view of condition No. 1 imposed in Exts. P2 and P3 and condition No. 2 in Ext. P4 order, the convicts are unable to enjoy the fruits of the ordinary leave. It is submitted that this restriction curtails their right of access to their residence.
5. As per condition No.1 in Ext.P4 order, no co-
convict shall remain out of prison on leave when Convict No.22/25 is released, which will also curtail his right to enjoy the fruits of parole.
6. Having regard to the circumstances brought out, I feel that the condition No.1 in Exts. P2, P3 and P4 and condition No.2 in Ext.P4 are unsustainable.
7. The writ petition is allowed as follows:
Condition No.1 in Exts. P2 & P3 and condition Nos. 1 and 2 in Ext.P4 stand quashed. The competent authority shall release Convict Nos.16/25 (Sri.Gijin G.), 21/25 (Sri.Peethambaran) and 22/25 (Sri.Subeesh) as per Exts. P2, P3 and P4 orders, if they comply with the other conditions in the orders.
Sd/-
K.BABU JUDGE
VPK
APPENDIX OF WP(CRL.) NO. 459 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P( CRL) 1136/2025 DATED 08-09-2025 Exhibit P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 04-10-2025 BEARING NO.KPCS/7146/2025-WP2 TO 1ST PETITIONER’S SON (C.NO. 16/25)
Exhibit P3 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 25-09-2025 BEARING NO. KPCS/6566/2025-WP TO 2ND PETITIONER ‘S SON (C. NO.
21/25)
