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2026 Supreme(Online)(Ker) 22501
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
Jomon – Appellant
Versus
State of Kerala – Respondent
WP(CRL.) NO. 488 OF 2026
For the Appellants/Petitioners: Shri Lavara M.G.
For the Respondents: Sri Breez M.S.
Parole extensions are subject to compelling reasons and must consult electoral authorities during elections.
Headnote:This writ petition under Article 226 of the Constitution of India concerns the parole of a convict in S.C.No.7/2012, who sought for an extension of parole due to his father's death and associated ceremonies. The court ruled that, given the circumstances, a three-day parole should be granted from 08.04.2026 to 10.04.2026, after consulting the Chief Electoral Officer, indicating that compelling reasons are necessary for such extensions.
| Table of Content |
|---|
| 1. parole extension under article 226. (Para 1 , 2 , 3) |
| 2. parole cancellation due to election conduct rules. (Para 4) |
| 3. court's ruling on granting parole. (Para 5) |
JUDGMENT
Dated this the 27th day of March, 2026 The convict in S.C.No.7/2012 on the file of the Additional Sessions Court, Ernakulam undergoing imprisonment for life from 29.10.2014 filed this W.P (Crl.) under Article 226 of the Constitution of India , praying for a direction to the respondents not to recall him till 31.03.2026, the date on which the date of expiry of the parole granted at present and for a further direction to extent the parole till 11.04.2026.
2. According to the petitioner, his father died on 28.02.2026 and accordingly he was granted parole till 31.03.2026. However, in view of the election notification, his parole was cancelled and now he returned back to jail on 24.03.2026.
3. The grievance of the petitioner is that, in connection with the 41st day of the death of his father, some essential functions and ceremonies are to be conducted at the church, for which his presence is absolutely essential. He has also produced Ext. P1 letter issued by the Assistant Vicar of his Parish stating that his presence is required for the ceremonies to be held on
09.04.2026.
4. The petition was strongly opposed by the learned Public Prosecutor on the ground that, the parole of the petitioner was cancelled in the light of the Code of Conduct which came into force in connection with the General Election. He has also produced the copy of the relevant notification issued in that respect, which shows that, only if the Government considers that the release of any convict on parole is absolutely essential for certain compelling reasons, parole can be allowed, and that too, can be allowed only after consulting the Chief Electoral Officer concerned.
5. Since the petitioner’s father died on 28.02.2026 and for the ceremonies on the 41st day to be held in the Parish church, his presence is absolutely necessary, this Writ petition (Crl) is disposed of with a direction to the respondents to grant three days parole to the petitioner from 08.04.2026 to
10.04.2026, after consulting the Chief Electoral officer concerned.
Sd/-
