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2026 Supreme(Online)(Ker) 23591
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
JALEELA J A – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 553 OF 2026
For the Appellants/Petitioners: SRI.VISHNU BHUVANENDRAN, SMT.B.ANUSREE, SHRI.JOEL CHALAMANA, SHRI.ASIF IRFAN
For the Respondents: ADV. N.R. SANGEETHARAJ
Emergency parole can be granted under Rule 400(4) when family obligations necessitate a convict's presence.
Headnote:In this case, the petitioner, a convict's mother, prayed for emergency leave for her son based on family obligations regarding a scheduled marriage. The court granted a three-day emergency parole starting from 08.04.2026, referencing Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The petitioner produced evidence of family customs necessitating the convict's presence. The court determined the convict is entitled to such emergency leave after considering the circumstances presented.
| Table of Content |
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| 1. petitioner's request for emergency parole based on family duty. (Para 1 , 2 , 3 , 4) |
| 2. court grants emergency parole for convict. (Para 6) |
K. BABU, J.
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WP(Crl). NO. 553 of 2026 ------------------------------
Dated this the 31st day of March, 2026 JUDGMENT The prayers in this Writ Petition filed under Article
226 of the Constitution of India are as follows:-
“i) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 3rd respondent to grant parole/ emergency leave for a period of 15 days to the petitioner’s son (Anzakkir, C.No. 3855) who is undergoing incarceration at Nettukaltheri Open Prison, Thiruvananthapuram, in accordance with law;
ii) issue such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case. ”
2. The petitioner is the mother of a convict. The petitioner’s son (Convict No.3855) is undergoing imprisonment in S.C. No. 735/2017 on the file of the Additional Sessions Court, Neyyattinkara, and is presently lodged at Open Prison and Correctional Home, Nettukaltheri Thiruvananthapuram.
3. The petitioner submitted an application seeking emergency leave for her son. In the application, it is stated that the marriage of the petitioner's sister’s only daughter is scheduled to be held on 09.04.2026. The convict, being the eldest brother among his siblings, has an important role to perform in accordance with the customs prevailing in their community, namely, to welcome the groom at the marriage auditorium. The presence of the convict is therefore essential, as it is the wish of both the bride and the entire family that he be present for the said marriage. The petitioner has produced Ext. P1 marriage invitation in support of her contention.
4. The petitioner has earlier submitted Ext. P2 representation before respondent No.3 seeking parole.
However, the competent authority had rejected the same.
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 three days from 08.04.2026 to 10.04.2026.
Accordingly, this Writ Petition is disposed of directing the Superintendent, Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram, to release Convict No. 3855 (Anzakkir) on emergency parole from 08.04.2026 to 10.04.2026, as provided under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules , 2014. The convict shall surrender before the Superintendent, Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram, on
11.04.2026 without fail.
