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2026 Supreme(Online)(Ker) 34607
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
S. Krishna Kumar – Appellant
Versus
State Of Kerala – Respondent
WP(CRL.) NO. 912 OF 2026
For the Appellants/Petitioners: K.S. Hariharaputhran, Pinku Mariam Jose, Nichu Willington, K.M. Fathima, H. Kashyap Seshadri
For the Respondents: Navas V.A.
The court may grant interim parole to a convict for participating in essential family funeral rites, provided that adequate security arrangements through police escort are established to alleviate concerns regarding public safety and the risk of absconding.
Headnote:The petitioner filed a writ petition seeking interim parole for his son, a convict, to attend the final funeral rites of his paternal aunt. The relevant rule governing emergency leave is Rule 400 of the Kerala Prisons and Correctional Services Management Rules, 2014. The court considered the family bereavement and the proximity of the relationship in the light of the statutory provisions. The court framed the issue as to whether the convict should be granted emergency leave given the nature of his conviction for sexual offences against a child. The Court observed that the funeral rites in a different locality from the victim's residence mitigated safety concerns. It held that granting limited, escorted parole for a socially significant family event is permissible when security risks are effectively managed through police guard. The Writ Petition is allowed with the direction for the convict to be released under police escort from 10.00 a.m. on 18.06.2026 until 5.00 p.m. on 19.06.2026.
| Table of Content |
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| 1. factual basis for emergency parole request regarding funeral rites. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. judicial discretion for granting escorted parole based on prisoner welfare and security. (Para 7) |
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
1. This petition has been filed by the father of the convict in S.C. No. 801/2020 on the file of the Additional Sessions Court for Trial of Cases Relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram, seeking the release of the convict on emergency parole/emergency leave to enable him to attend the ‘Sanjayanam’ (final funeral rites) in connection with the demise of his paternal aunt.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. The learned Public Prosecutor submitted that a representation earlier submitted by the convict seeking emergency parole on the very same ground had been rejected by the jail authorities based on an adverse police report. However, the learned Public Prosecutor further submitted that he has no serious objection to permit the convict to attend the final funeral rites, provided that adequate police escort is arranged.
4. From the submissions advanced by the learned counsel for the petitioner and the materials placed on record, it is evident that the paternal aunt of the convict passed away on 13.06.2026. By producing Ext.P1, the petitioner has satisfactorily established that the final funeral rites of the paternal aunt are scheduled to be conducted on 19.06.2026 at 8.00 a.m.
5. The convict is presently undergoing sentence in the Central Prison, Poojappura, Thiruvananthapuram, pursuant to the judgment passed in S.C. No. 801/2020 by the Additional Sessions Court for Trial of Cases Relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram, for offences punishable under Sections 6 read with 5(l) and 6 read with 5(n) of the Protection of Children from Sexual Offences Act, 2012.
6. From the submissions made by the learned Public Prosecutor, it is evident that the victim in the said case is residing at Kamaleswaram, whereas the place where the convict proposes to participate in the final funeral ceremony is situated at Karumam, which is in a different locality.
7. Therefore, I am of the view that the release of the convict on interim parole/emergency leave for a limited period and for the specific purpose of attending the final funeral rites would not pose any threat to the safety or security of the victim. Further, the relationship between the convict and the deceased is sufficiently proximate to justify his attendance at the final funeral ceremony, having regard to Rule 400 of the Kerala Prisons and Correctional Services Management Rules, 2014.
In the result, this Writ Petition is allowed subject to the following conditions:
(i) The Superintendent of Central Prison and Correctional Home, Thiruvananthapuram, is directed to release the convict in S.C. No. 801/2020 on the file of the Additional Sessions Court for Trial of Cases Relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram, on interim parole from 10.00 a.m. on 18.06.2026 until 5.00 p.m. on 19.06.2026.
(ii) The Superintendent shall ensure that adequate police escort is provided to the convict throughout the period of parole, taking into account all relevant security considerations, including the possibility of absconding, if any.
(iii) The escorting officers shall remain in civil dress so as to avoid undue embarrassment or inconvenience to the family members attending the funeral rites.
(iv) The convict shall be brought back and produced before the Superintendent of the prison concerned on or before 5.00 p.m. on 19.06.2026, without fail.
