Kerala High Court Grants 7 Days Emergency Parole To Man Convicted For Attempted Murder Of Neighbour, To Attend Father's Last Rites

The Kerala High Court yesterday granted emergency leave for a period of seven days to a convict in order to attend the funeral rites of his father. 

The petitioner's husband had been convicted for attempting to murder his neighbour and had been undergoing incarceration for two years. 

It is during this time that the convict's father passed away. Although the convict had been granted the benefit of an escort visit for a day, since the rituals associated with his father's death were taking place on the 7th day and thereafter, the petitioner-wife prayed for grant of a 20-day parole for her husband. 

Although the petitioner had approached the prison authorities with the afore request, the same had not been acceded to. It was submitted that the convict had already undergone incarceration for a period of 7 months, while praying for the parole. 

Justice Bechu Kurian Thomas, on taking note of the factual circumstances of the case, was of the considered view that a period of seven days ought to be granted to the convict as emergency leave for attending the funeral rites of his father. 

"Denial of such a benefit despite the existence of Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules, 2014, would work out injustice," the Court observed. 

The Superintendent of Poojapura Central Jail was thus directed to accord emergency leave to the petitioner for a period of seven days from February 7, 2024. 

The petitioner was represented by Advocates Navaneeth N. Nath, Gautham Krishna E.J., Abhirami S., and Abdul Javed K. 

Public Prosecutor K.A. Noushad appeared on behalf of the respondents. 

Case Title: Pournami Gopinath v. State of Kerala & Ors. 

Case Number: WP(CRL.) NO. 135 OF 2024(S)

Click Here To Read/Download The Order