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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
USHAKUMARI.D – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 772 OF 2026
| Table of Content |
|---|
| 1. emergency leave sought for post-funeral ceremonies of convict's grandmother. (Para 1 , 3) |
| 2. hearing given to counsel for petitioner and public prosecutor. (Para 2) |
| 3. court exercises discretion to grant limited emergency leave. (Para 4) |
J U D G M E N T
This writ petition is filed by the mother of the Convict No.7098 undergoing life imprisonment at Poojappura Central Prison, seeking emergency leave to him in order to attend the 16th day post-funeral ceremonies of his grandmother.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.
3. The mother of the petitioner, who is the grandmother of the convict concerned, passed away on 04.05.2026. An application for emergency leave submitted before the second respondent to enable the convict to attend the funeral ceremonies of his grandmother was rejected on 05.05.2026. The reasons stated are that the convict is likely to abscond, and that there is a possibility of him being assaulted by his rivals.
4. Having regard to the reasons stated by the petitioner for the necessity to grant emergency leave to her son, I deem it appropriate to direct the second respondent to grant emergency leave to the above said convict for a period of two days from 19.05.2026 to 21.05.2026.
In the result, the petition stands allowed as follows:
(i) The second respondent is directed to grant emergency leave to Convict No.7098, Prasanth, from 11:00 am on 19.05.2026 to 11:00 am on 21.05.2026, on execution of bond for Rs.1,00,000/- (Rupees one lakh only) by the convict with two solvent sureties each for the like amount before the Superintendent of prison concerned.
(ii) The Station House Officer of Police at the area where the rituals are slated to be performed shall take necessary steps to ensure that no untoward incidents happen in connection with the visit of the convict.
(iii) The second respondent shall forward a report to this Court stating the release of the prisoner, and also about his reporting back before the prison, on or before 26.05.2026.
(Sd/-)
G. GIRISH, JUDGE H/o.
DST/18.05.26
APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO:
CP5-7098/EL/2026/CPTVM; DATED 5-05-2026 EXHIBIT P2 TRUE COPY OF THE SUBSEQUENT PAPER CUTTINGS PERTAINING TO THE DEATH OF THE PETITONERS MOTHER EXHIBIT P3 TRUE COPY OF THE FUNERAL CEREMONY CARD FOR THE PETITIONER’S MOTHER, DATED MAY 8, 2026,
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