Aswathy vs State Of Kerala

K.Haripal, J

The petitioner is the wife of a convict, who is undergoing imprisonment in the Central Prison, Poojapura, Thiruvananthapuram, having convicted in Sessions Case No.34 of 1999 of the Additional Sessions Court-I, Mavelikara, where he was sentenced to undergo rigorous imprisonment under various counts to run concurrently for seven years under Sections 395, 397 and 307 of the IPC. The learned counsel contended that the marriage of the brother-in-law of the convict, i.e., the brother of the petitioner is to be solemnized on 10.11.2021, for which ten days emergency leave was sought. It was rejected by the 4th respondent. Aggrieved by the same, the petitioner has approached this Court seeking a direction for granting her husband emergency parole.

I  have  heard  the  learned  counsel  appearing for the petitioner and also the learned Public Prosecutor.

The learned Public Prosecutor has opposed the application submitting that Rule 397 (l)(ii) and Rule 400 (7) (ii) of the Kerala Prisons and Correctional Services (Management) Rules do not permit grant of Emergency Leave to a person, who stands convicted for the offences under Sections 392 to 402 of the IPC. That being the case, going by the Rules, the petitioner's husband is not entitled to get any relief.

However, taking note of the fact that sentence undergone by the husband of the petitioner is about to expire by the end of this month and also considering the submission of the learned counsel that the groom was brought up by himself, it is only appropriate in the interest of justice that he shall be given a day's emergency parole to attend the marriage of his brother-in-law. He shall be released on appropriate conditions. The husband of the petitioner shall be released on Emergency Leave at 7 a.m. till 5 p.m. tomorrow.

This Writ Petition is disposed of as above.