2025:KER:26936 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(CRL.) NO. 372 OF 2025 PETITIONER: JASEENA SHIHAB AGED 38 YEARS W/O SHIHAB, MUNDROTE (H), ERAVAKKAD P.O, PALAKKAD, PIN - 679552 BY ADVS. P.K.VARGHESE M.T.SAMEER DHANESH V.MADHAVAN JERRY MATHEW REGHU SREEDHARAN ANU ASHOKAN DEVIKA K.R. SOUPARNIKA RAJESWARI RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY MINSITRY OF HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR GENERAL OF PRISONS JAIL HEADQUARTERS, POOJAPPURA THIRUVANANTHAPURAM, PIN - 695001 3 THE SUPERINTENDENT CENTRAL PRISON AND CORRECTIONAL HOME VIYOOR, THRISSUR, PIN - 680010 BY ADV. SRI.M.P. PRASANTH, PUBLIC PROSECUTOR 2025:KER:26936 W.P.(CRL) NO.372 OF 2025 2 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26936 W.P.(CRL) NO.372 OF 2025 3 JUDGMENT The petitioner is the wife of the convict who is undergoing life imprisonment at Central Prison and Correctional Home, Viyyur. The petitioner submitted an application for emergency leave for the convict on the ground that her surgery is scheduled on 29.03.2025. The said application was dismissed as per Ext.P2 order on the ground that since the petitioner’s husband was convicted under Section 396 of the Indian Penal Code, he cannot seek emergency leave. 2. I have heard Sri. P. K. Varghese, the learned counsel for the petitioner and Sri. M. P. Prasanth, the learned Public Prosecutor. 3. Relying on Rule 400(7)(ii) of the Kerala Prisons and Correctional Services (Management) Rules, 2014, the learned Public Prosecutor submitted that the petitioner’s husband is not entitled for emergency leave. The learned Public Prosecutor strongly opposed the application. 2025:KER:26936 W.P.(CRL) NO.372 OF 2025 4 4. It is true that the convict is not entitled for emergency leave going strictly by the said Rule. However, the medical certificate produced would show that the petitioner is suffering from acute acalculous cholecystitis and her surgery is scheduled on 29.03.2025. It is stated in the certificate that she needs care and assistance of her immediate relative. It is submitted that there is no other immediate relative to accompany her at hospital other than the convict. In these circumstances, I am of the view that emergency leave for a week can be granted to the convict exercising the power of this Court under Article 226 of the Constitution of India. Hence, the 3rd respondent is directed to grant emergency leave to the convict for a period of one week from 29.03.2025. The Writ Petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR 2025:KER:26936 W.P.(CRL) NO.372 OF 2025 5 APPENDIX OF WP(CRL.) 372/2025 PETITIONER’S EXHIBITS Exhibit P1 THE MEDICAL CERTIFICATE DATED 17.03.2025 ISSUED BY DR. SAJISH E.K Exhibit P2 A TRUE COPY OF THE ORDER NO P1- 1390/2024/CPV ISSUED BY THE 3RD RESPONDENT DATED 20.03.2025 Exhibit P3 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. E.T SURESH, SUPERINTENDENT & ASST. DIRECTOR OF HEALTH SERVICES, GOVT TALUK HEADQUARTERS HOSPITAL, PONNANI DATED 27.03.2025 RESPONDENTS’ EXHIBITS: NIL