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2026 Supreme(Online)(Ker) 25603

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SUBAIDA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 547 OF 2026|CRIME NO.221/2010



Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SMT.DIPA V., SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL, SHRI.T.P.ARAVIND, SHRI.MAHESWAR PADICKAL, SMT.AKSHARA S., SMT.NIVEDITA RAJEEV
For the Respondents: SRI.N.R.SANGEETHARAJ, PP

Convict entitled to emergency parole for daughter's marriage under prison rules.

Headnote:Filed under Article 226 of the Constitution seeking mandamus for emergency leave/parole to a convict undergoing incarceration for his daughter's marriage scheduled on 17.05.2026, supported by marriage invitation and representation. Court examined materials confirming the marriage date. Court found the convict entitled to emergency leave for three days from 16.05.2026 to 18.05.2026 under Rule 400(4) of Kerala Prisons Rules, 2014. Issues framed as prayer for parole due to family event. Ratio: Emergency leave warranted for compelling family circumstances like daughter's marriage where no objection raised beyond opposition. Writ petition disposed directing release on parole with surrender condition.

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

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of theConstitution of Indiaare as follows:-

“I. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3rd and 4th Respondent to grant parole or emergency leave to petitioner’s Husband (Convict No. C 476/2024) who is undergoing incarceration at Central Prison & Correctional Home, Viyur Thrissur in accordance with law;

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.476/24 lodged in the Central Prison and Correctional Home, Viyyur, Thrissur. The petitioner has submitted Ext.P2 representation before respondent No.4 seeking emergency leave to the convict stating that the marriage of their daughter is scheduled on 17.05.2026. However, respondent No.4 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 17.05.2026.

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 16.05.2026 to 18.05.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Viyyur, Thrissur, to release Sri. Vijayan @ Sadiq (Convict No.476/24) on emergency parole for a period of three days from 16.05.2026 to 18.05.2026, 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, Viyyur, Thrissur, on 19.05.2026, without fail.

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