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Kerala High Court
Smitha P.G vs State Of Kerala on 30 December, 2025
2025:KER:98889
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
TUESDAY, THE 30TH DAY OF DECEMBER 2025 / 9TH POUSHA, 1947
WP(CRL.) NO. 1810 OF 2025
PETITIONERS:
SMITHA P.G
AGED 52 YEARS
W/O JYOTHY BABU, CHANDANA CHOLA, KOLAVALLOR,
CHERUPARAMBA P.O, THALASSERRY, KANNUR, PIN - 670693
BY ADVS.
SHRI.ELDHOSE JOY
SHRI.SARAFUDHEEN T.
SHRI.AMARJITH VADUVANKUTY
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
GROUND FLOOR, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
PRISONS HEADQUARTERS, POOJAPURA, THIRUVANATHAPURAM,
KERALA, PIN - 695012
3 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME, KANNUR KANNUR,
PODIKKUNDU, KERALA, PIN - 670004
4 WELFARE OFFICER
WELFARE OFFICE, CENTRAL PRISON & CORRECTIONAL HOME,
KANNUR, PODIKKUNDU, KERALA, PIN - 670004
5 THE SATE LEVEL ADVISORY BOARD
REPRESENTED BY THE CHAIRMAN, PRISONS HEADQUARTERS,
POOJAPPURA, THIRUVANANTHAPURAM, KERALA, PIN - 695012
WP(CRL.) NO. 1810 OF 2025 :2:
2025:KER:98889
BY SMT. MAYA M.N., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 1810 OF 2025 :3:
2025:KER:98889
JUDGMENT
Jobin Sebastian, J.
This writ petition is filed by the wife of one Jyothy Babu, a convict
prisoner presently lodged at the Central Prison and Correctional
Home, Kannur. The husband of the writ petitioner is undergoing life
imprisonment pursuant to the judgment dated 27.02.2024, passed by
this Court in Crl.A. No. 403/2014 (arising out of S.C. No. 867/2016 on the
file of the Additional Sessions Court, Kozhikode).
2. In the writ petition, it is contended that the convict's father's
brother's son passed away on 28.12.2025 and that the convict is the
only elder male member of the family capable of performing the
essential religious funeral rites of the deceased. Be that as it may, the
writ petitioner, who is the wife of the convict, submitted a
representation before the Superintendent of Jail, Kannur, seeking
emergency leave for a period of ten days. In the writ petition, the
following reliefs are sought;
I. Issue a writ mandamus or any other appropriate writ
directing the respondents to grant emergency leave to
convict No.124/2024, Jyothy Babu, for a period of ten days
from 29.12.2025 in order to attend and perform the
religious funeral rites of his cousin who passed away on
28.12.2025.
WP(CRL.) NO. 1810 OF 2025 :4:
2025:KER:98889
II. Direct the respondents to pass appropriate orders within
a time frame fixed by this Hon'ble Court, considering the
urgency of this matter.
III. Grant such other orders or directions as this Hon'ble
Court may deem fit, in the interest of justice.
3. I heard the learned counsel appearing for the petitioner and
the learned Government Pleader. The learned Government Pleader
opposed the petition, mainly contending that the relationship
between the convict and the deceased is not sufficiently close to
warrant the grant of emergency leave.
4. A perusal of Ext. P1 representation prima facie shows that a
request seeking emergency leave has been submitted by the wife of
the convict before the concerned Jail Superintendent. From the
averments contained in the writ petition and the submissions made by
the learned counsel for the petitioner, it is evident that the convict
seeks emergency leave for the purpose of performing the funeral
religious rites of his father's brother's son, who died on 28.12.2025.
Though it is contended that the convict is the sole elder male member
of the family competent to perform the last rites, no material has been
produced by the petitioner to substantiate the said claim.
5. Further, as rightly pointed out by the learned Government
Pleader, the deceased is neither a parent nor a sibling of the convict.
WP(CRL.) NO. 1810 OF 2025 :5:
2025:KER:98889
On the contrary, the deceased is only the son of the convict's paternal
uncle. Therefore, the relationship between the convict and the
deceased cannot be considered sufficiently proximate to justify the
grant of emergency leave. Unwarranted leniency in matters relating to
emergency leave or parole would be undesirable, particularly in view
of the fact that the petitioner's husband is a convict in a murder case.
Hence, the writ petition stands dismissed.
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
WP(CRL.) NO. 1810 OF 2025 :6:
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APPENDIX OF WP(CRL.) NO. 1810 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPRESENTATION DATED
28/12/2025 BEFORE THE 3RD RESPONDENT
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED
28/12/2025 BEFORE THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED
28/12/2025 BEFORE THE 4TH RESPONDENT
