Kerala High Court
Abdul Muneer vs The Superintendent on 9 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1313 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(CRL.) NO. 1313 OF 2025
PETITIONER(S):
ABDUL MUNEER
AGED 50 YEARS
S/O ALAVI, KUNNATHODI HOUSE, HAJYARPALLY,
HAJYARPALLY P.O., MALAPPURAM, PIN - 676519
BY ADVS.
SHRI.SUNNY MATHEW
SMT.BHAVANA K.K
RESPONDENT(S):
1 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME, TAVANUR,
PIN - 679573
2 THE SUB INSPECTOR OF POLICE
MANJERI, MALAPPURAM DISTRICT, PIN - 676121
3 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SR PP, SRI. HRITHWIK C S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 09.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl.).No.1313 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.1313 of 2025
-------------------------------
Dated this the 09th day of October, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the
following reliefs:
"i) To issue a writ of certiorari or any other
appropriate writ order or direction quashing exhibit
P3 order dated 17.09.2025 passed by the 1 st
respondent.
ii) To issue a writ of mandamus or any other
appropriate writ order or direction commanding the
1st respondent to grant the petitioner who is
undergoing imprisonment at central prison and
correctional home Tavanur as C 262/2025, leave for a
period of 5 days from 10.10.2025 to 14.10.2025.
iii) Any other reliefs which may be prayed
for from time to time." [SIC]
2. Petitioner is Convict No.262/2025, who is
undergoing imprisonment at Central Prison and
Correctional Home, Tavanur. This Writ Petition is filed
challenging Ext.P3 order passed by the 1 st respondent by
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which his prayer for emergency leave was rejected.
3. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
4. According to the petitioner, his daughter
completed LLB course from the School of Legal Studies,
Kannur. Her enrollment is scheduled on 11 th and 12th of
October, 2025. The petitioner wants to participate in that
function. The same was rejected by the jail authorities.
5. It is a settled position that emergency
leave cannot be granted to a convict in all situations. This
Court in Bindhu K.P. v. State of Kerala [2025 KHC 869]
considered this matter in detail. Therefore, prima facie I
am of the opinion that the petitioner is not entitled
emergency leave for the reason that his daughter's
enrollment as a lawyer is scheduled on 11 th and 12th of
October, 2025.
6. But, this Court has to look into the matter
in the angle of the daughter also. A young girl completed
her LLB course, and it is her dream to enroll as a lawyer.
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Her intention is to do the same in the presence of her
father, who is in jail. Even if the petitioner is a convict and
the whole world is treated him as a criminal, the father will
be one of the hero of every child. Let that girl enroll as a
lawyer in the presence of her father. This Court cannot
shut its eyes to the feeling of the daughter. Considering
the facts and circumstances of the case and also
considering the feeling of the daughter, I think five days
leave can be granted to the petitioner. I make it clear that
this order is passed in the peculiar facts and
circumstances of the case and this need not be taken as a
precedent.
Therefore, this Writ Petition (Crl.) is disposed of in
the following manner:
1. Ext.P3 is set aside.
2. The 1st respondent shall release the petitioner on
emergency leave on executing a bond for
Rs.1,00,000/- (Rupees One lakh only) with two
solvent sureties for the like sum each to the
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satisfaction of the jail authorities with effect from
10.10.2025.
3. The petitioner shall report back to the jail on
14.10.2025.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
Judgment reserved NA
Date of Judgment 09.10.2025
Judgment dictated 09.10.2025
Judgment uploaded 09.10.2025
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APPENDIX OF WP(CRL.) 1313/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR
ENROLMENT SUBMITTED BY THE
PETITIONER'S DAUGHTER BEFORE THE BAR
COUNCIL OF KERALA DATED 27.08.2025
EXHIBIT P2 TRUE COPY OF THE ANNOUNCEMENT BY THE
BAR COUNCIL OF KERALA IN ITS WEBSITE
DATED 30.09.2025
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
17.09.2025 ISSUED BY 1ST RESPONDED
DATED 17.09.2025
