Mere police apprehension of law and order issues insufficient to deny convict's emergency leave for family event.

JUDGMENT

The wife of convict No.158 of 2023 of Central Prison and Correctional Home, Kannur has filed this writ petition seeking emergency leave to the above convict to attend the marriage of his daughter on 20.04.2026.

2. An application in the above regard, filed before the 3^rd respondent, was dismissed since it was reported by the Police that the presence of the convict in that place would lead to law and order issues. The petitioner would contend that the grant of an emergency leave to her husband is highly necessary in view of the fact that his daughter is getting married on 20.04.2026.

3. Heard the learned Counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

4. The learned Public Prosecutor submitted that the Police have strong objection in granting emergency leave to the convict, since there is a possibility of law and order issues at that place. A mere apprehension in the above regard cannot be considered as a reason to disallow the prayer of the petitioner. It is for the law enforcing agencies to take care of such situations in the event of the likelihood of the law and order issues. Having regard to the reasons stated by the petitioner for the grant of emergency leave to her husband, I am of the view that the application has to be allowed, but restricting the period of leave to three days.

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

(I) The 3^rd respondent is directed to grant emergency leave to the convict No.158 of 2023 Benny Varghese, who was convicted in S.C No.148 of 2020 of the Fast Track Special Court, Kottayam, for a period of three days from 10.00 am on 19.04.2026 to 10:00 am on 22.04.2026, on execution of bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like amount before the 3^rd respondent.

(ii) The convict has to report back before the aforesaid prison before 10:00 am on 22.04.2026.

(iii) The convict shall not try to meet or interact with the victim or the relatives of the victim during the period of leave.

(iv) The 3^rd respondent shall forward a report to this Court about the release and reporting back of the aforesaid convict, on or before 27.04.2026. (v) The S.H.O of Police concerned shall ensure that no law and order issues arise due to the presence of the convict at his home and place of marriage.