W.P.(Crl.) No. 446 of 2025 ..1.. 2025:KER:30187 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(CRL.) NO. 446 OF 2025 PETITIONER: SHEEBA V AGED 55 YEARS, W/O VALASAN V, MANAKKADAVATH HOUSE, PANUNDA, NEAR PANUNDASIVAKSHETHRA, THALASSERY, KANNUR, PIN - 670741 BY ADV ANAKHA BABU RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 DISTRICT OF GENERAL OF PRISONS AND CORRECTIONAL SERVICES, DEPARTMENT OF PRISONS, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012 3 THE SUPERINTENDENT CENTRAL PRISON AND CORRECTIONAL HOME, PALLIKKUNNU, KANNUR, PIN - 670004 SRI.M.P. PRASANTH, PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl.) No. 446 of 2025 ..2.. 2025:KER:30187 J U D G M E N T The petitioner is the mother of Convict No.552 of 2024 of Central Prison and Correctional Home, Kannur, who is undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.659 of 2011 on the file of IVth Additional District Court, Thalassery. 2. According to the petitioner, she is suffering from serious spinal illness and an emergency surgery for her is scheduled on 19.04.2025. It is alleged that there is no one to stay at the hospital with her other than her son. Hence, she made a request for emergency leave for the convict for a period of one week before the respondent No.3. It was rejected as per Ext.P2 order, which is under challenge in this writ petition. 3. I have heard Smt.Anakha Babu, the learned counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor. W.P.(Crl.) No. 446 of 2025 ..3.. 2025:KER:30187 4. The reason for rejection shown in Ext.P2 is that there is nothing to show in the certificate submitted by the petitioner that she is critically ill. Ext.P3 is the certificate. In the said certificate it is clearly stated that the petitioner is suffering from lumbar disc bulge and her symptoms are refractory to medications. It is also stated that the surgery is scheduled on 19.04.2025. The petitioner is a widow. She has two children. Her daughter is abroad. The son is the only person available in India. 5. Considering all these aspects, I am of the view that emergency leave sought for can be granted. Hence, Ext.P2 is set aside. The respondent No.3 is directed to grant emergency leave to the petitioner's son for a period of seven days from 17.04.2025. The writ petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA W.P.(Crl.) No. 446 of 2025 ..4.. 2025:KER:30187 APPENDIX OF WP(CRL.) 446/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF CENTRAL PRISON AND CORRECTIONAL HOME, KANNUR DATED NILL EXHIBIT P2 TRUE COPY OF REPLY OF THE SUPERINTENDENT OF CENTRAL PRISON AND CORRECTIONAL HOME, KANNUR DATED 4.4.2025 EXHIBIT P3 TRUE COPY OF MEDICAL CERTIFICATE OF THE PETITIONER DATED 2.4.2025