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2026 Supreme(Online)(Ker) 30301
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Baby S – Appellant
Versus
Director General of Prisons and Correctional Services Kerala – Respondent
WP(CRL.) NO. 581 OF 2026
For the Appellants/Petitioners: SHRI.K.S.MADHUSOODANAN, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SRI.K.S.MIZVER
For the Respondents: SRI.N R SANGEETHA RAJ, PUBLIC PROSECUTOR
Prison leave conditions restricting home access and co-convict simultaneous release held unsustainable and quashed.
Headnote:Article 226 of the Constitution of India. Petitioners, relatives of life convicts, challenged conditions in ordinary leave orders restricting entry to residence area and simultaneous release of co-convicts. Court found restrictions unsustainable, curtailing enjoyment of leave. Issues framed as validity of conditions preventing access to home and co-convict leave overlaps. Ratio: Conditions Nos.1 and 2 in leave orders quashed as disproportionate to circumstances. Writ petition allowed; specified conditions quashed, directing release compliance with remaining terms.
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| 1. petition challenges leave conditions for life convicts. (Para 1 , 2) |
Dated this the 31stday of March, 2026 JUDGMENT The prayers in this Writ Petition (Criminal) filed under Article 226 of theConstitution of Indiaare as follows:
“i. Call for records connecting Exhibits P1 to P5 from the respondents concerned;
ii. Call for Exhibits P1, P3 to P5 from 1st respondent and Issue Writ of Certiorari to set aside Condition No.1 pertaining to non entry of the convict Suresh K.M (C23/25), Sreerag (C17/25). Ranjtih (C15/25) and Surendran A (C 25/25); undergoing life imprisonment in Kannur Central Jail;
iii. Call for Ext.P2 from 1st respondent and issue Writ of Certiorari to set aside Condition No.1 of no co convict to be outside on leave simultaneously when the 2nd petitioner’s son Anil Kumar K ( C 18/25) is released on ordinary leave and condition No2 of his non entry within Bakel Police Station limit while on ordinary leave;
iv. Issue Writ of Mandamus directing 3rd respondent to see that there is no threat to the life of convict Suresh K.M (C23/25), Anil Kumar K ( C 18/25) ,Sreerag (C17/25).
Ranjtih (C15/25) and Surendran A (C 25/25) v. Dispense with filing of the translation of vernacular documents;
vi. Such other reliefs as this Hon`ble Court may deems fit and proper;
A N D vii. Award cost to the petitioners.”
2. The petitioners are the near relatives of Convict Nos.23/25 (Sri.Suresh K.M), 25/25 (Sri.Surendran), 18/25 (Sri.Anilkumar K), 17/25 (Sri.Sreerag) and 15/2025 (Sri.Ranjith) of Central Prison and Correctional Home, Kannur, who are undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.260/2022 on the file of the Additional District and Sessions Court – IV, Ernakulam.
3. The convicts have been granted ordinary leave as per Exts. P1 to P5 orders. The learned counsel for the petitioners submitted that, while granting ordinary leave, the convicts have been restrained from entering the territorial limits of the Bekal Police Station, where their permanent residence is situated.
4. The grievance of petitioners is that, in view of condition No. 1 imposed in Exts. P1 and P3 to P5 order and condition No.2 in Ext.P2 order, the convicts are unable to enjoy the fruits of the ordinary leave. It is submitted that this restriction curtails their right of access to their residence.
5. As per condition No.1 in Ext.P2 order, no co-convict shall remain out of prison on leave, when Convict No.18/25 is released, which will also curtail his right to enjoy the fruits of parole.
6. Having regard to the circumstances brought out, I feel that condition No.1 in Exts.P1 and P3 to P5 and condition Nos.1 and 2 in Ext.P2 are unsustainable.
The writ petition is allowed as follows:
Condition No.1 in Exts.P1 and P3 to P5 and condition Nos.1 and 2 in Ext.P2 stand quashed. The competent authority shall release Convict Nos.23/25 (Sri.Suresh K.M), 25/25 (Sri.Surendran), 18/25 (Sri.Anilkumar K), 17/25 (Sri.Sreerag) and 15/2025 (Sri.Ranjith) as per Exts.P1 to P5 orders, if they comply with the other conditions in the orders.
