Court can direct emergency leave for convict on default sentence for family emergencies like son's marriage.

JUDGMENT

This writ petition is filed by the son of the Convict No.5291 undergoing imprisonment at the Central Prison Viyyur, seeking emergency leave for the above Convict to enable him to attend the marriage of the petitioner scheduled to 20.04.2026.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

3. The learned Public Prosecutor submitted that the petitioner’s father is presently undergoing a default sentence for non-payment of fine, and hence the jail authorities are not empowered to grant emergency leave.

4. Having regard to the reasons stated by the petitioner for seeking emergency leave for his father, I am of the view that the prayer in the above regard has to be allowed so that the petitioner would be able to have the presence of his father at the time of his marriage function.

In the result, this writ petition stands allowed as follows:

1) The 3^rd respondent is directed to grant emergency leave to Convict No.5291-Soloman for a period of three days from 10 a.m. on 19.04.2026 till 10 a.m. on 22.04.2026, on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum before the 3^rd respondent.

2) The 3^rd respondent shall forward a report to this Court about the release of the above-said Convict and his reporting back to the prison, on or before 27.04.2026.