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2026 Supreme(Online)(Ker) 23592
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
Sathyambhama OK – Appellant
Versus
State of Kerala – Respondent
WP(CRL.) NO. 557 OF 2026
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.
For the Respondents: Adv. N.R. Sangeetharaj
The court has the discretion to grant emergency parole under specific circumstances for prisoners to attend family events.
Headnote:The Writ Petition under Article 226 seeks emergency parole for a convict to attend his sister's last rites. The court considered the petitioner's application citing special circumstances, including the death certificate of the sister. The court ultimately granted the parole from 01.04.2026 to 06.04.2026, directing the convict to surrender thereafter.
| Table of Content |
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| 1. emergency parole for family obligations (Para 1 , 2 , 3) |
| 2. decision on granting parole (Para 5) |
K. BABU, J.
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WP(Crl). NO. 557 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:-
“(a) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to grant special leave/emergency parole to the petitioner’s son, O C Roopesh, Convict No. 718/25, for a period of 2 weeks from 27.03.2025, presently confined at Kannur Central Prison, in view of attending and performing the last rites rituals of his late sister Rosna O C. or (b) Pass such other and further orders as this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case, in the interest of justice. ”
2. The petitioner is the mother of a convict. The petitioner’s son (Convict No. 718/2025) is undergoing imprisonment in S.C. No. 480/2011 on the file of the Assistant Sessions Court, Thalassery, and is presently lodged at the Central Prison and Correctional Home, Kannur.
3. The petitioner submitted an application seeking emergency leave for her son. In the application, it is stated that the convict’s sister passed away on 21.03.2026. As the convict is the only brother of the deceased, it is both his religious and moral obligation to perform the last rites and associated ceremonies for his late sister. The petitioner has produced Ext. P1 Death Certificate in support of her contention.
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 six days from 01.04.2026 to 06.04.2026.
Accordingly, this Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release the Convict No.718/2025 (O C Roopesh) on emergency parole from from 01.04.2026 to 06.04.2026., as provided under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules , 2014. The convict shall surrender before the Superintendent, Central Prison and Correctional Home, Kannur, on 07.04.2026 without fail.
