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2026 Supreme(Online)(Ker) 25604

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Rikhiyabi K. – Appellant
Versus
State of Kerala – Respondent
WP(CRL.) NO. 603 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.T.U.SUJITH KUMAR, SHRI.HAMDAN MANSOOR K.
For the Respondents: SRI.N.R.SANGEETHARAJ, PP

Court granted convict limited emergency parole to attend family marriage under prison rules.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought emergency parole for the convict under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014, to attend the son's marriage scheduled on 25.04.2026, supported by marriage invitation and representation. The court examined the materials confirming the marriage date and considered the circumstances. The court determined the convict entitled to limited emergency leave. The main issue was whether emergency parole should be granted for the requested period. The court reasoned that given the circumstances, a three-day leave was appropriate, balancing the family event with prison rules. The writ petition was disposed of directing release on emergency parole for three days from 24.04.2026 to 26.04.2026, with surrender on 27.04.2026.

Table of Content
1. petition seeks emergency parole for convict's son's marriage. (Para 1 , 2)
2. court reviews evidence and hears opposition. (Para 3 , 4 , 5)
3. grants three-day parole with surrender condition. (Para 6)

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of theConstitution of Indiaare 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 Mr. Ubaid, S/o Kunjabdulla, Convict No. 517/25 for a period of 15 days from 20.04.2026 to 05.05.2026, for attending the marriage of his son.

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 wife of Convict No.517/25 lodged in the Central Prison and Correctional Home, Kannur. The petitioner has submitted Ext.P3 representation before the respondents seeking emergency leave to the convict stating that the marriage of their son is scheduled on 25.04.2026. However, the competent authority has not taken any action on the same. The petitioner has produced Ext.P2 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 son is scheduled on 25.04.2026.

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 24.04.2026 to 26.04.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release Sri.Ubaid (Convict No.517/25) on emergency parole for a period of three days from 24.04.2026 to 26.04.2026, 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 27.04.2026, without fail.

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