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2026 Supreme(Online)(Ker) 27972
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Chinju Philip – Appellant
Versus
Director General of Prisons and Correctional Services, Kerala – Respondent
WP(CRL.) NO. 586 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
Leave conditions restricting residence access and co-convict simultaneous leave unsustainable and quashed.
Headnote:Under Article 226 of the Constitution of India, the petitioner challenged conditions in a leave order (Ext.P1) issued to a life convict, restricting entry into a police station area and prohibiting simultaneous leave for co-convicts. Facts reveal the convict's ordinary leave was granted post-conviction in S.C.No.260/2022, but conditions prevented access to residence and family association. Court found these conditions unsustainable, infringing the right to enjoy leave benefits. Issues framed as challenges to condition Nos.1 and 2 in Ext.P1 curtailing residence access and co-convict leave. Ratio decidendi holds such restrictions disproportionate, quashing them to allow full enjoyment of leave subject to other conditions. Writ petition allowed; condition Nos.1 and 2 in Ext.P1 quashed.
| Table of Content |
|---|
| 1. petition challenges leave order conditions for life convict (Para 1 , 2 , 3) |
| 2. conditions restrict residence and co-convict leave (Para 4 , 5) |
| 3. conditions quashed as unsustainable (Para 6) |
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 Exhibit P1 from the respondents concerned;
ii. Call for Exhibit P1 from 1st respondent and Issue Writ of Certiorari to set aside condition No.1 pertaining to no co- convict to be outside on leave simultaneously when petitioner’s husband Saji George (C 19/ 25) granted leave and condition No.2 of non entry into the limit of Bakel Police Station while he is on ordinary leave;
iii. Issue Writ of Mandamus directing 3rd respondent to see that there is no threat to the life of convict Saji George (C19/25) while on leave;
iv. Dispense with filing of the translation of vernacular documents;
v. Such other reliefs as this Hon`ble Court may deems fit and proper;
A N D vi. Award cost to the petitioner. ”
2. Petitioner is the wife of Convict No.19/25 (Sri.Saji George) of Central Prison and Correctional Home, Kannur, who is 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 convict has been granted ordinary leave as per Ext.P1 order. The learned counsel for the petitioner submitted that, while granting ordinary leave, the convict has been restrained from entering the territorial limits of the Bekal Police Station, where his permanent residence is situated.
4. The grievance of the petitioner is that, in view of condition No.2 imposed in Ext.P1 order, the convict is unable to enjoy the fruits of the ordinary leave. It is submitted that this restriction curtails his right of access to his residence.
5. As per condition No.1 in Ext.P1 order, no co-convict shall remain out of prison on leave, when Convict No.19/25 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 Nos.1 and 2 in Ext.P1 are unsustainable.
The writ petition is allowed as follows:
Condition Nos.1 and 2 in Ext.P1 stand quashed. The competent authority shall release the convict as per Ext.P1 order, if he complies with the other conditions in the order.
