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2026 Supreme(Online)(Ker) 26987

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
THUFAILA P M – Appellant
Versus
STATE OF KERALA – Respondent
WA NO. 911 OF 2026 | WP(Crl.) NO.530 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.SUBASH CHANDRAN, SMT. AHALYA PRAKASH K.V., SHRI.HAMDAN MANSOOR K.
For the Respondents: SRI.K.A.ANAS, G.P.

Limited emergency parole for serious offenders like murderers balanced against family events without undue leniency.

Headnote:The writ petition sought mandamus for emergency parole to a convict father for his daughter's marriage under Muslim rites, where his presence was deemed indispensable. The Single Judge granted three days' parole from 17.04.2026 to 19.04.2026. The Division Bench noted the gravity of the murder conviction. The issue framed was whether extension beyond three days was warranted for marriage functions including mehendi on 16.04.2026. The court reasoned that undue leniency for serious offenders sends adverse societal message, limiting interference with the granted duration. Writ appeal partly allowed; parole dates modified to 16.04.2026 to 18.04.2026, with surrender by 5:00 p.m. on 19.04.2026.

Table of Content
1. background of writ petition and single judge parole grant. (Para 2)
2. appellant's plea for extended parole duration. (Para 3)
3. restraint on leniency for murder convicts. (Para 4)
4. partial allowance with modified parole dates. (Para 5)

This writ appeal is directed against the order passed in Writ Petition (Crl.) No. 530/2026 by a learned Single Judge of this Court. The said writ petition was filed seeking the issuance of a writ of mandamus or other appropriate order directing the respondents to grant emergency parole/leave to the petitioner’s father, Sri P.M. Muhammed @ Mukri Muhammed (Convict No. 472/2019), who is presently undergoing imprisonment at the Central Prison and Correctional Home, Kannur. 2. In the writ petition, it was stated that the petitioner’s marriage is scheduled to be held on 18.04.2026 in accordance with Muslim religious rites and ceremonies, and that the presence of her father is indispensable for the said occasion. Upon consideration of the writ petition, the learned Single Judge disposed of the same by directing the Superintendent, Central Prison, Kannur, to release the said convict on emergency parole for a period of three days, from 17.04.2026 to 19.04.2026. The convict was further directed to surrender before the concerned Jail Superintendent on 20.04.2026.

3. Aggrieved by the said order, the petitioner has preferred this writ appeal. In the appeal, it is contended that a minimum period of fifteen days’ emergency parole is necessary to enable her father to participate in the marriage and to make the requisite arrangements. According to the appellant, the grant of parole for only three days is grossly inadequate. It is further submitted by the learned counsel for the appellant that the mehendi function in connection with the marriage is scheduled to be held on 16.04.2026, and therefore, extension of emergency parole is highly warranted.

4. While considering the present appeal, it cannot be overlooked that the petitioner’s father is a convict in a murder case. The learned Single Judge has already shown reasonable indulgence by granting emergency parole for a period of three days with a direction to surrender thereafter. Having regard to the gravity of the offence for which the convict stands convicted, this Court is of the considered view that undue leniency in such matters may send an adverse message to society. Therefore, interference with the duration of emergency parole already granted is not warranted.

5. However, in view of the request made by the learned counsel for the appellant, this Court is inclined to modify the dates of parole so as to enable the appellant’s father to attend the mehendi function scheduled on 16.04.2026.

In the result, the writ appeal is partly allowed. The Superintendent, Central Prison, Kannur, is directed to release Sri P.M. Muhammed @ Mukri Muhammed (Convict No. 472/2019) on emergency parole for a period of three days from 16.04.2026 to 18.04.2026. The convict shall report back before the concerned Jail Superintendent on or before 5:00 p.m. on 19.04.2026 without fail.

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