Haseena K. A vs State Of Kerala
2026 Latest Caselaw 1031 Ker

Kerala High Court

Haseena K. A vs State Of Kerala on 2 February, 2026

Author: K. Babu

Bench: K. Babu

                                                           2026:KER:8637
W.P (Crl) No.1330 of 2025
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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                       THE HONOURABLE MR.JUSTICE K. BABU

   MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947

                            WP(CRL.) NO. 1330 OF 2025

PETITIONER:

                 HASEENA K. A
                 AGED 44 YEARS
                 W/O. UMMER, THAZHATHAYIL KUNNATH, KUNIYIL,
                 KIZHUPARAMBA P.O., KIZHUPARAMBA,
                 MALAPPURAM DISTRICT, PIN - 673639


                 BY ADVS.
                 SRI.P.MOHAMED SABAH
                 SRI.LIBIN STANLEY
                 SMT.SAIPOOJA
                 SRI.SADIK ISMAYIL
                 SMT.R.GAYATHRI
                 SRI.M.MAHIN HAMZA
                 SHRI.ALWIN JOSEPH
                 SHRI.BENSON AMBROSE


RESPONDENTS:

       1         STATE OF KERALA
                 REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
                 SECRETARIAT, THIRUVANANTHAPURAM,
                 THIRUVANANTHAPURAM DISTRICT, PIN - 695001

       2         DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
                 SERVICES
                 PRISONS HEADQUARTERS, POOJAPPURA,
                 THIRUVANANTHAPURAM, PIN - 695012
                                                                    2026:KER:8637
W.P (Crl) No.1330 of 2025
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       3         THE SUPERINTENDENT
                 CENTRAL PRISON AND CORRECTIONAL HOME, KANNUR,
                 PALLIKKUNNU P.O., KANNUR DISTRICT, PIN - 670004

       4         THE STATION HOUSE OFFICER,
                 AREEKODE POLICE STATION, AREEKODE,
                 MALAPPURAM DISTRICT, PIN - 673639


                 BY
                 ADV E C BINEESH, PP


         THIS      WRIT      PETITION     (CRIMINAL)     HAVING    COME   UP   FOR
ADMISSION          ON       02.02.2026,    THE   COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                                         2026:KER:8637
W.P (Crl) No.1330 of 2025
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                                     K.BABU, J.
                     --------------------------------------
                             W.P (Crl) No.1330 of 2025
                    ---------------------------------------
                      Dated this the 2nd day of February, 2026

                                       JUDGMENT

The prayers in this Writ Petition (Criminal) filed under Article

226 of the Constitution of India are as follows:

"i. Pass a Writ of Certiorari calling for the records leading to Exhibit-P6 Order of the respondent No. 3 and set aside the same;

ii. Pass a Writ of Mandamus or any other appropriate Writ, directing the respondent Nos. 1 to 3 to release the petitioner's husband 'Cholayil Ummar S/o. Ibrahim Kutty' (C. No. 252/23) on Emergency Leave/Parole for fifteen (15) days in relation to the construction of his residential building, within a reasonable time fixed by this Honourable Court;

iii. Dispense with the filing of the translation of vernacular documents produced along with this Writ Petition;

AND iv. Pass such other Order as this Honourable Court deems fit in the facts and circumstances of the case. "

2026:KER:8637

2. The petitioner is the wife of a convict. The petitioner's

husband (Convict No. C-252/2023) is undergoing imprisonment in

S.C. No.99/2013 on the file of the Additional Sessions Court-III,

Manjeri, and is presently lodged at the Central Prison and

Correctional Home, Kannur.

3. The petitioner submitted an application seeking emergency

leave for her husband. In the application, it is stated that the

construction of a new residential building is going on. The

presence of the petitioner's husband is necessary to complete the

construction.

4. The learned Public Prosecutor, upon instruction, submitted

that construction of the ground floor has been completed upto the

casting of the main slab.

5. The convict had earlier submitted an application before

respondent No.3 seeking emergency leave. However, the

competent authority rejected the said application.

6. Heard both sides.

2026:KER:8637

7. Having regard to the circumstances brought out, I feel that

the convict is entitled to emergency parole for a period of two

weeks from 03.02.2026 to 16.02.2026.

Accordingly, this Writ Petition is disposed of directing the

Superintendent, Central Prison and Correctional Home, Kannur, to

release the convict on emergency parole from 03.02.2026 to

16.02.2026, as provided under Rule 400(4) of the Kerala Prisons and

Correctional Services (Management) Rules, 2014. The convict shall

surrender before the Superintendent of the Central Prison and

Correctional Home, Kannur, on 17.01.2026 without fail.

Sd/-

K.BABU, JUDGE KAS 2026:KER:8637

APPENDIX OF WP(CRL.) NO. 1330 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 07.02.2025 IN W.P. (CRL.) NO. 115/2025 PASSED BY THIS HONOURABLE COURT Exhibit P2 TRUE COPY OF THE ORDER NO. R5- 1879/2023/CPK DATED 12.02.2025 PASSED

Exhibit P3 TRUE COPY OF THE ORDER DATED 27.2.2025 IN WP(CRL).NO.188/2025 PASSED BY THIS HON'BLE COURT Exhibit P4 TRUE COPY OF THE ORDER DATED 26.3.2025 PASSED BY THE RESPONDENT NO.3 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 04.06.2025 IN W.P. (CRL.) NO. 451/2025 PASSED BY THIS HONOURABLE COURT Exhibit P6 TRUE COPY OF THE ORDER DATED 25.8.2025 PASSED BY THE RESPONDENT NO.3