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2026 Supreme(Online)(Ker) 23702

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SHEEBA M – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 542 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.JERRY MATHEW
For the Respondents: SANAL P RAJ

Emergency parole can be granted to convicts for significant family events when circumstances justify it.

Headnote:The Writ Petition (Criminal) seeks a writ of Mandamus to permit a convict to attend a family wedding under emergency parole. The Court granted emergency parole for three days based on established circumstances, directing the respondent to act in accordance with the Kerala Prisons and Correctional Services Rules. The Court ruled that the convict is entitled to emergency parole from 05.04.2026 to 07.04.2026.

Table of Content
1. application for emergency parole. (Para 1 , 2 , 3)
2. grounds for granting emergency parole. (Para 5)

JUDGMENT

The prayers in this Writ Petition (Criminal) filed under Article 226 of the Constitution of India are as follows:

“i. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the 3rd respondent to grant emergency leave to the Suresh Babu (C.No.642) who is undergoing imprisonment at Open Prison and Correctional Home, Cheemeni in accordance with law, for attending the wedding of his niece for a period of five days.

ii. To grant any such other and further relief as this Hon’ble Court may deem fit in the facts and circumstances of the case so as to meet the ends of justice.”

2. The petitioner is the wife of Convict No.642 (Suresh Babu) of Open Prison and Correctional Home, Cheemeni, Kasaragod, who is undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.1383 of 2003 on the file of the Sessions Court, Thalassery.

3. The convict and the petitioner submitted applications for emergency leave to Respondent No. 3; however, the same were not considered by the competent authority. It is submitted that the marriage of the daughter of the convict’s sister is scheduled to be held on 06.04.2026 at the bride’s residence in Kannur. It is further submitted that, as the petitioner’s husband is the uncle of the bride, he may be permitted to attend the marriage.

4. Heard both sides.

5. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for 3 days from

5.4.2026 to 7.4.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Open Prison and Correctional Home, Cheemeni, Kasaragod to release the Convict No.642 (Suresh Babu) on emergency parole from 05.04.2026 to 07.04.2026, as provided under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules , 2014. The convict shall surrender before the Superintendent of the Open Prison and Correctional Home, Cheemeni, Kasaragod on

08.04.2026 without fail.

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