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2026 Supreme(Online)(Ker) 25602

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
THUFAILA P. M. – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 530 OF 2026



Advocates:
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

Convicts entitled to emergency parole for compelling family events like daughter's marriage under prison rules.

Headnote:The writ petition under Article 226 sought mandamus for emergency parole to a convict under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014, to attend his daughter's marriage scheduled on 18.04.2026, supported by marriage invitation and representation. Court examined the urgency and records confirming the event. Court found the convict entitled to limited emergency leave considering circumstances. Issue framed as whether emergency leave should be granted for family event despite opposition. Ratio: Parole permissible under rules for compelling family reasons like daughter's marriage, balancing prison discipline with humanitarian needs, supported by produced evidence. Writ petition disposed directing release on emergency parole for three days from 17.04.2026 to 19.04.2026 with surrender on 20.04.2026.

Table of Content
1. prayer for convict's emergency parole for daughter's marriage. (Para 1 , 2)
2. court review of evidence and opposition to parole request. (Para 3 , 4 , 5)
3. grant of three-day emergency parole with surrender condition. (Para 6)

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, order or direction directing the respondents to grant emergency parole/leave to Convict No. 472/19 – P.M. Muhammed @ Mukri Muhammed for a period of 15 days from 10.04.2026 to 25.04.2026, for attending the marriage of his daughter.

II. Direct the respondents to pass appropriate orders within a time frame fixed by this Hon’ble Court considering the urgency of the matter.

III. To dispense with the filing of English translation of the documents filed in vernacular language.

IV. Grant such other orders or directions as this Hon’ble Court may deem fit in the interests of justice.”

2. The petitioner is the daughter of Convict No.472/19 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 stating that her marriage is scheduled on 18.04.2026. However, the competent authority has not taken any action on the same. The petitioner has produced Ext.P1 marriage invitation card 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 marriage of the convict’s daughter is scheduled on 18.04.2026.

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 three days from 17.04.2026 to 19.04.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release Sri.P.M.Muhammed @ Mukri Muhammed (Convict No.472/19) on emergency parole for a period of three days from 17.04.2026 to 19.04.2026, 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 20.04.2026, without fail.

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