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Kerala High Court
Malathi N vs State Of Kerala on 7 January, 2026
Author: K. Babu
Bench: K. Babu
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W.P.(Crl)No.1795 of 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA,
1947
WP(CRL.) NO. 1795 OF 2025
SC NO.937 OF 2012 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - II, KASARAGOD / II ADDITIONAL MACT,
KASARAGODE
PETITIONER:
MALATHI N.,
AGED 38 YEARS,
W/O SHIVAPRASAD, BEHIND GUP SCHOOL,
ADKATHIL BAIL, THALIPADAPPU,
KASARGOD, PIN - 671121
BY ADVS.
SHRI.ARUN KRISHNA DHAN
SRI.ARJUN SREEDHAR
SHRI.T.K.SANDEEP
SMT.SWETHA R.
SHRI.HARIKRISHNAN P.B.
SMT.ANJANA S.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PROSECUTOR,
ERNAKULAM, PIN - 682031
2 SUPERINTENDENT OF JAIL,
KANNUR CENTRAL PRISON,
KANNUR C.NO.424/24., PIN - 670004
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W.P.(Crl)No.1795 of 2025 2
BY ADV.
SRI.SANGEETH RAJ.N.R-PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 07.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(Crl)No.1795 of 2025 3
K.BABU, J.
-------------------------------------------
W.P.(Crl) No.1795 of 2025
---------------------------------------------
Dated this the 7th day of January, 2026
JUDGMENT
The prayers in this Writ Petition filed under Article 226
of the Constitution of India are as follows:-
"i) To issue a writ of mandamus, or any other appropriate
writ, order, or direction, directing the 2 nd respondent to
grant one month special leave/emergency parole to the
petitioner's husband, Shivaprasad, presently undergoing
imprisonment in Kannur Central Prison (C.No.424/24), so
that he may attend to his critically ill mother in Law,
Girija, who is admitted and undergoing treatment at
Wenlock District Hospital, Mangaluru.
ii) To issue such directions dispensing production of
English translation of documents in vernacular languages.
OR
iii) Grant such other reliefs which this Hon'ble Court may
deem fit and necessary in the facts and circumstances of
this case."
2. The petitioner is the wife of a convict. Petitioner's
husband has been convicted in S.C.No.937/2012 on the file
of the Additional District and Sessions Court - II, Kasaragod,
for the offences punishable under Sections 341, 302 and
153(A) r/w Section 34 of IPC. He has been sentenced to
undergo various terms of imprisonment including
imprisonment for life. The petitioner submitted an
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application under Rule 400 of the Kerala Prisons &
Correctional Services (Management) Rules, 2014, seeking
emergency leave stating that the mother-in-law of the
convict is critically ill. The petitioner submitted a medical
certificate before the authority concerned. The jail authority
rejected her application on the following grounds:-
(i) The illness stated is not serious.
(ii) The medical certificate submitted on the part
of the petitioner was not in the proper form.
3. Heard the learned counsel for the petitioner and
the learned Public Prosecutor. Perused the records.
4. As per Rule 400 of the Kerala Prisons &
Correctional Services (Management) Rules, 2014, in the
event of death or serious illness of a very close relative, the
convict is entitled to emergency leave for a limited period.
The materials have been placed before this Court to show
that the mother-in-law of the convict is undergoing treatment
for Heart Failure with Reduced Ejection Fraction (HFREF). It is
submitted that this is a life threatening disease.
5. The learned Public Prosecutor opposed the
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W.P.(Crl)No.1795 of 2025 5
application contending that the disease is not serious.
6. Having regard to the circumstances brought out, I
feel that the petitioner is entitled to emergency leave for a
period of 20 days from 08.01.2026 to 27.01.2026.
7. The Writ Petition is allowed. Sri.K.Sivaprasad @
Sivan (C.No.424/24), who is undergoing imprisonment in the
Central Prison, Kannur, is granted emergency leave for a
period of 20 days from 08.01.2026 to 27.01.2026. The
convict shall surrender before the Superintendent, Central
Prison, Kannur on expiry of the period of leave granted.
Sd/-
K.BABU
JUDGE
VPK
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APPENDIX OF WP(CRL.) NO. 1795 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TREATMENT RECORD
FROM WENLOCK DISTRICT HOSPITAL,
MANGALURU, DATED 16.12.2025 ISSUED TO
GIRIJA
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT DATED 10.12.2025
Exhibit P3 TRUE COPY OF THE REPLY DATED
10.12.2025, ISSUED BY THE 2ND
RESPONDENT REJECTING EXT. P3
REPRESENTATION
Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 16.12.2025 ISSUED BY THE
DISTRICT SURGEON AND SUPERINTENDENT
OF WENLOCK DISTRICT HOSPITAL,
MANGALURU
