Kerala High Court
Justice P.V.kunhikrishnan, J.
Sathy Vs State Of Kerala On 11 July, 2025
Law Point: Court can grant parole to life convict for marriage under Article 226 on humanitarian grounds.
JUDGEMENT
1. Maya Angelou, renowned American poet said that “Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope.” Here is a case where a brave and loving girl wants to marry the son of the petitioner, who is undergoing life imprisonment at High Security Prison, Viyyur.
2. The gist of the prosecution case is that the son of the petitioner and others hatched a conspiracy to murder a person and attacked the victim, who succumbed to the injuries.
3. It is submitted that the marriage of the convict was arranged prior to the judgment of conviction itself. The petitioner produced Ext.P1 photograph taken during the wedding fixation ceremony of the convict. It is submitted by the petitioner, who is the mother of the convict, that there is a mutual understanding between the two families to conduct the marriage of the petitioner’s son with the girl on 13.07.2025. Originally the ceremony was fixed at Sreekrishna Temple, Guruvayoor. Ext.P2 is a copy of the wedding invitation card. The convict submitted an application on 03.07.2025 to the 3rd respondent seeking emergency parole for his marriage. The 3rd respondent rejected the application on the ground that, according to the prison rules, there is no provision for granting emergency leave to a convict for his own marriage. Ext.P3 is the order. Aggrieved by the same, this Writ Petition (Crl.) is filed.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. Counsel for the petitioner reiterated the contentions raised in this Writ Petition.
6. This Court directed the Public Prosecutor to verify whether the marriage is scheduled on 13.07.2025. The Public Prosecutor made available a report submitted by the Sub Inspector of Police, Cherpu Police Station, stating that the contention of the petitioner that the marriage of the convict is scheduled on 13.07.2025 is correct.
7. I am looking at this case from the angle of that girl who decided to marry the convict. Even after the convict was sentenced to undergo life imprisonment, her love continues. In other words, she says that “you are my today, my tomorrow, and my forever.” She says that “you are my soul mate, my partner, my best friend.” This Court cannot neglect the brave stand of that girl who is ready to marry the convict, even though she knows that her partner is in jail and is undergoing life imprisonment. I am exercising my extraordinary jurisdiction to grant parole to the convict for a period of 15 days, not looking towards the convict, but looking towards the girl who is ready to marry because of her love and affection for the person with whom her marriage is fixed. She did not change her stand even after the court convicted the convict with life imprisonment. I am of the considered opinion that 15 days’ parole can be given to the convict. Let that girl be happy, and this Court shower all blessings upon her.
Therefore, this Writ Petition (Crl.) is allowed in the following manner:
1. The 2nd and 3rd respondents are directed to release Convict No.552/25, Prasanth @ Kochu, S/O. Prabhakaran, who is the son of the petitioner herein, for a period of 15 days from 12.07.2025. The Convict shall report back to the jail on 26.07.2025 before 4 P.M.
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