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2026 Supreme(Online)(Ker) 31071
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.Girish, J
Seetha Parammel – Appellant
Versus
State Of Kerala – Respondent
WP(CRL.) NO. 691 OF 2026
Advocates:
For the Appellants/Petitioners: Jerry Mathew
For the Appellants/Petitioners: Jerry Mathew
A petition seeking emergency leave for a prisoner becomes infructuous and should be dismissed if the specific ritualistic period for which the leave was sought has already expired.
Headnote:This petition was filed under Art. 226 of the Constitution of India seeking emergency leave for a convicted prisoner to attend post-funeral rites of an immediate family member. The court noted that the dates scheduled for the performance of the rituals had already passed. The issue before the court was whether the request for emergency leave remained maintainable given the timeline of the rituals. The court held that since the purpose for which the leave was requested had already transpired, the petition no longer retained legal necessity. The petition is dismissed as having become infructuous.
JUDGMENT
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking emergency leave to his son, Convict No.12/2026, Smijosh, undergoing imprisonment at the Central Prison & Correctional Home, Kannur, to enable him to attend the post-funeral rites of the petitioner’s sister scheduled to be conducted from 15.04.2026 to
08.05.2026.
2. Heard the learned Counsel for the petitioner.
3. The purpose for which the petitioner has sought release of her son is already over. Thus, the present petition has become infructuous.
In the result, the petition is hereby dismissed.
