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2026 Supreme(Online)(Ker) 36518
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
SAJINI M.P. – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 932 OF 2026
A convict may be granted emergency parole to attend a close relative's funeral ceremony in the interest of justice, with conditions such as police escort in civil dress to balance security needs with the family's dignity.
Headnote:The petitioner, the wife of a convict, sought emergency parole for her husband to attend the 40th-day prayer and funeral ceremony of his paternal uncle. The court examined whether the circumstances warranted a temporary release given the close familial relationship. The court found that the request deserved to be allowed in the interest of justice. The primary issue was whether a convict should be granted emergency parole for a family funeral despite previous hesitations regarding police escort requirements. The court reasoned that the closeness of the relationship between the convict and the deceased justified the grant, and the concern regarding the escort was mitigated by directing that officers wear civil dress to avoid embarrassment to the family. Hence, having regard to all the above-mentioned aspects, I am inclined to allow this petition on the following conditions:
| Table of Content |
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| 1. request for emergency parole by a convict's spouse for funeral rites. (Para 1 , 2) |
| 2. balancing prisoner security requirements (police escort) with familial dignity (civil dress). (Para 4) |
| 3. conditional grant of interim parole for specific duration and purpose. (Para 5) |
ORDER
(Dated this the 22nd day of June, 2026)
This petition has been filed by the wife of the convict. The petitioner’s husband is now serving sentence pursuant to the judgment of conviction and order of sentence dated 11.12.2023 in SC.No.479 of 2020 on the files of the Fast Track Special Court, Thaliparamba. Now the grievance of the petitioner is that the paternal uncle of the convict died on 15.05.2025, and the 40th day prayer and final funeral ceremony are scheduled to be held on 26.06.2026.
2. According to the learned counsel for the petitioner, the convict, as well as his family members, is very much desirous of attending the said function, and in order to enable the petitioner to attend the said function, it is highly necessary to allow him an emergency parole. When the matter was taken on 11.06.2026, on the same day, this Court directed the Jail Superintendent concerned to consider the representation submitted by the wife seeking the same relief strictly in accordance with the rules and regulations.
3 Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Today, when the matter was taken up for consideration, the learned Public Prosecutor upon instruction submitted that though the Jail Superintendent was inclined to allow the representation, the convict was not inclined to be released on emergency parole with police escort. However, when the matter was taken up today, the learned Counsel for the petitioner submitted that the convict has no objection even if the parole is granted with police escort, provided the police escort shall be in casual wear.
In the case at hand, as already stated, the petitioner seeks emergency parole for her husband, who is a convict, to enable him to attend the final funeral ceremony of his maternal uncle. Evidently, the relationship between the convict and the deceased is close. Therefore, I am of the view that the prayer for releasing the petitioner’s husband on emergency parole, so as to facilitate his attendance at the said ceremony, deserves to be allowed in the interest of justice. Moreover, the learned Public Prosecutor, on instructions, fairly conceded that such a ceremony is proposed to be held on 23.06.2026.
5. Hence, having regard to all the above-mentioned aspects, I am inclined to allow this petition on the following conditions:
(i) The Superintendent of Central Prison and Correctional Home, Kannur, is directed to release the convict in S.C. No. 479 of 2020 on the file of the Fast Track Special Court, Thaliparamba, on interim parole from 09.00 a.m. on 23.06.2026 until 5.00 p.m. on the same day.
(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 final funeral rites.
(iv) The convict shall report back before the Superintendent of the prison concerned on or before 5.00 p.m. on 23.06.2026, without fail.
