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2026 Supreme(Online)(Ker) 24161

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Ramshia P.P. – Appellant
Versus
State of Kerala – Respondent
WP(CRL.) NO. 425 OF 2026



Advocates:
For the Appellants/Petitioners: Shri.E.A.Haris, Shri.M.A.Ahmad Saheer, Sri.Muhammed Yasil, Smt.Aagi Johny, Smt.Ifra Iqbal
For the Respondents: Adv. N.R.Sangeetharaj

The Court established the right to emergency parole based on exceptional family circumstances under the Kerala Prisons Rules.

Headnote:This writ petition was filed under Article 226 of the Constitution seeking emergency parole for the petitioner's husband to attend a family wedding. The Court found the convict entitled to emergency parole for two days, emphasizing the need for family presence during significant events. The Court ordered the release of the convict under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014.

Table of Content
1. petitioner's husband is a convict seeking emergency parole. (Para 2 , 3)
2. previous request for parole was denied. (Para 4)
3. court's determination on parole eligibility. (Para 6)

K. BABU, J.

------------------------------

WP(Crl). NO. 425 of 2026 ------------------------------

Dated this the 1st day of April, 2026 JUDGMENT The prayers in this Writ Petition filed under Article

226 of the Constitution of India are as follows:-

“i. Call for the records leading to the issuance of Exhibit P3 and set aside the same by issuing a writ of certiorari;

ii. Issue a writ in the nature of mandamus or any other appropriate writ, order, or direction, directing the 2nd respondent to grant emergency parole to the petitioner’s husband, Mr. Sanoop, for a period of 15 days, to enable him to attend the marriage of his sister-in-law scheduled on 03.04.2026;

iii. Dispense with the translation of documents produced in vernacular language. iv. Grant such other reliefs as this Hon’ble Court may deem fit in the interest of justice. ”

2. The petitioner is the wife of a convict. The petitioner’s husband (Convict No.647/25) is undergoing imprisonment in S.C. No. 630/2020 on the file of the Additional Sessions Court, Ottappalam, and is presently lodged at High Security Prison, Viyyur.

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 stepsister, who stands in the position of a sister-in-law to the convict, is scheduled to be held on 03.04.2026. The presence of the convict is therefore essential, as it is the wish of both the bride and her entire family that he be present at 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.2 seeking parole. However, the competent authority rejected the same by Ext.P3 proceedings. 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 two days from 03.04.2026 (03.04.2026 &

04.04.2026).

Accordingly, this Writ Petition is disposed of directing the Superintendent, High Security Prison, Viyyur, to release Convict No. 647/25 (Sanoop) on emergency parole from 03.04.2026, as provided under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules , 2014. The convict shall surrender before the Superintendent, High Security Prison, Viyyur, on

05.04.2026 without fail.

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