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2026 Supreme(Online)(Ker) 25601
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
NABEESA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 480 OF 2026
For the Appellants/Petitioners: SHRI.SUBASH CHANDRAN, SMT.KAVITHA K.T., SMT. AHALYA PRAKASH K.V., SHRI.HAMDAN MANSOOR K.
For the Respondents: SRI.N.R.SANGEETHARAJ, PP
Court grants emergency parole to convict for wife's surgery on humanitarian grounds under prison rules.
Headnote:The petitioner filed a writ petition under Article 226 seeking mandamus for emergency parole to her husband, a convict, to assist during her surgery for Haemorrhoids, supported by medical certificates (Ext.P2, P3). The court examined the medical evidence and representation, finding compelling humanitarian circumstances warranting limited parole under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The key issue was whether emergency parole should be granted given the wife's medical needs and lack of response to the representation. The court's ratio focused on the convict's entitlement to short-term emergency leave based on verified medical proof and humanitarian grounds, overriding prosecutor's opposition. Writ petition disposed; convict granted emergency parole for four days from 12.04.2026 to 15.04.2026, with surrender on 16.04.2026.
| Table of Content |
|---|
| 1. petition seeks emergency parole for convict to aid wife's surgery. (Para 1 , 2) |
| 2. court hears arguments, reviews medical evidence despite opposition. (Para 3 , 4 , 5) |
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 other appropriate writ, order or direction directing the respondents to grant two weeks emergency parole to the petitioner’s husband Abdul Latheef M, Convict No.209/2021, lodged in the Central Prison & Correctional Home, Kannur, to assist the petitioner during her surgery and postoperative recovery; II. Declare that the petitioner’s son is entitled to be considered for emergency parole in view of the compelling medical and humanitarian circumstances;
III. Pass such other orders as this Hon’ble Court may deem fit and proper in the interests of justice.
IV. To dispense with the filing of English translation of the documents filed in vernacular language. ”
2. The petitioner is the wife of Convict No.209/21 lodged in the Central Prison and Correctional Home, Kannur. The petitioner has submitted Ext.P2 representation before the respondents seeking emergency leave to the convict to support her, as she has to undergo a surgery and to provide post- operative care. However, the competent authority has not taken any action on the same. The petitioner has produced Ext.P3 medical certificate in support of her contention.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.
4. Materials have been placed before this Court to show that the petitioner is undergoing treatment for Haemorrhoids and requires surgery.
5. The learned Public Prosecutor opposed the application. 6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency leave for a period of four days from 12.04.2026 to 15.04.2026.
Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release Sri.Abdul Latheef M. (Convict No.209/21) on emergency parole for a period of four days from 12.04.2026 to 15.04.2026, 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 Central Prison and Correctional Home, Kannur, on 16.04.2026, without fail.
