Kerala High Court
Sreejith K.K vs The Superintendent on 6 July, 2026
2026:KER:49244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
MONDAY, THE 6TH DAY OF JULY 2026 / 15TH ASHADHA, 1948
WP(CRL.) NO. 468 OF 2026
AGAINST THE ORDER/JUDGMENT IN SC NO.370 OF 2020 OF FAST
TRACK SPECIAL COURT, MANJERI
PETITIONER:
SREEJITH K.K
AGED 38 YEARS
S/O. SREENIVASAN, KAKKUKUZHIYIL HOUSE,
KAKKUR POST, CHELANNUR, KOZHIKODE, PIN - 673613
BY ADVS.
SHRI.SUNNY MATHEW
SMT.BHAVANA K.K
RESPONDENTS:
1 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME, KANNUR,
PIN - 670001
2 THE STATION HOUSE OFFICER
KARUVARAKUNDU POLICE STATION KARUVARAKUNDU,
MALAPPURAM DISTRICT, PIN - 676523
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT
SECRETARIATE THIRUVANANTHAPURAM, PIN - 695001
NAVAS V.A (SR. PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.07.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
This writ petition has been filed under Article 226 of the Constitution
of India by the petitioner, who is the convict in S.C. No. 370/2020 on the file
of the Fast Track Special Court, Manjeri. The petitioner stands convicted for
the offences punishable under Sections 376(2)(f), 376(2)(n), 354A(1)(i),
and 506(i) of the Indian Penal Code and Sections 5(n) and 5(i) read with
Section 6, 9(1) and 9(n) read with Section 10 of the Protection of Children
from Sexual Offences Act, 2012 (for short, “the POCSO Act“). The petitioner
is presently undergoing imprisonment at the Central Prison, Kannur.
2. The petitioner seeks the issuance of a writ of mandamus
directing the first respondent, the Superintendent of the Central Prison,
Kannur, to grant him emergency leave for a period of four weeks to enable
him to look after his aged and ailing father.
3. The case of the petitioner is that his father is suffering from
intervertebral disc prolapse with sciatica and is bedridden. In support of the
said contention, the petitioner has produced Ext.P1 medical certificate. It is
contended that, on account of his father’s medical condition, the petitioner
submitted a representation before the first respondent seeking emergency
parole. However, the said request was rejected by Ext.P2 order dated
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07.03.2026. Aggrieved by the said order, the present writ petition has been
filed.
4. While considering the question whether any interference is
warranted with Ext.P2 order, it is to be noted that the petitioner stands
convicted for the offences punishable under Sections 376(2)(f), 376(2)(n),
354A(1)(i), and 506(i) of the Indian Penal Code and Sections 5(n) and 5(i)
read with Section 6, 9(1) and 9(n) read with Section 10 of the POCSO Act.
The offences for which the petitioner has been convicted are grave and
heinous in nature, involving aggravated penetrative sexual assault on a
minor child.
5. The learned counsel for the petitioner submitted that the
petitioner’s father is suffering from serious ailments and requires the
petitioner’s presence for his care and treatment. In support of the said
submission, reliance was placed on Ext.P1 medical certificate issued by the
Medical Officer, ESI Dispensary, Puthiyakara. However, a careful perusal of
the said certificate does not indicate that the medical condition of the
petitioner’s father is so critical or exceptional as to warrant the grant of
emergency parole. The certificate merely discloses that he is undergoing
treatment for intervertebral disc prolapse with sciatica and does not reveal
any imminent or life-threatening medical emergency necessitating the
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petitioner’s immediate release.
6. Ext.P2 order further reveals that the petitioner’s request for
emergency parole was duly considered by the competent authority. Upon
examining the materials placed before it, the authority found that the
grounds urged by the petitioner were not sufficient to justify the grant of
emergency parole and consequently rejected the request. I also find no
reason to interfere with the order passed by the Jail Superintendent.
Moreover, showing leniency in the matter of parole in the case of a convict
who has been convicted of committing aggravated penetrative sexual
assault and rape upon a minor girl is wholly unwarranted. Granting parole to
a convict found guilty of such grave offences would send a wrong message
to society and would be contrary to the object sought to be achieved by the
penal law.
7. Having regard to the gravity of the offences for which the
petitioner stands convicted, coupled with the absence of any exceptional or
compelling circumstances warranting the grant of emergency parole, this
Court is of the considered view that no interference with Ext.P2 is called for.
Grant of emergency parole, in the facts and circumstances of the present
case, would not be justified merely on the basis of the medical certificate
produced, particularly when the competent authority has found the grounds
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urged by the petitioner to be insufficient.
Accordingly, I find no merit in the writ petition. The writ petition fails
and is, accordingly, dismissed.
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
WP.(CRL).No.468 of 2026
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APPENDIX OF WP(CRL.) NO. 468 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 06.03.2026 ISSUED BY THE MEDICAL
OFFICER, ESI DISPENSARY, PUTHIYARA
KOZHIKODE
Exhibit P2 TRUE COPY OF THE ORDER DATED 07.03.2026
ISSUED BY THE 1ST RESPONDENT
