Kerala High Court: In a writ petition filed by the mother of a life convict seeking emergency leave for the convict’s wedding, the Single Judge Bench of P.V. Kunhikrishnan, J., exercising its extraordinary jurisdiction, decided to grant the convict parole for 15 days. The Court, however, made it clear that the decision was not made in consideration of the convict himself but out of respect for the woman who had chosen to marry him despite knowing he was sentenced to life imprisonment. The Court acknowledged her unwavering love and commitment to the convict, highlighting her courage in standing by him even under such challenging circumstances.
Background
The gist of the prosecution’s case was that the petitioner’s son, along with others, had conspired to murder a person and subsequently attacked the victim, who later succumbed to his injuries. It was submitted that the convict’s marriage had been arranged even before the conviction was delivered. The petitioner, who is the mother of the convict, produced a photograph taken during the wedding fixation ceremony. The petitioner further stated that there was a mutual understanding between the two families to conduct the wedding on 13-07-2025. Initially, the ceremony was scheduled to take place at Sreekrishna Temple, Guruvayoor. On 03-07-2025, the convict applied to the Superintendent of High Security Prison for emergency parole to attend his wedding. However, the Superintendent rejected the application, citing the prison rules, which did not provide for granting emergency leave for a convict’s own wedding. Aggrieved by this, the petitioner filed this Writ Petition.
Analysis and Decision
The Court noted that the Public Prosecutor provided a report from the Sub Inspector of Police, confirming that the petitioner’s claim that the convict’s wedding was scheduled for 13-07-2025 was correct. The Court then considered the case from the perspective of the woman who had decided to marry the convict. Despite the convict’s life imprisonment sentence, her unwavering love for him persisted. The woman expressed that, despite the circumstances, he was her “today, tomorrow, and forever,” and her “soul mate, partner, and best friend.”
The Court could not overlook the brave stance of the woman who was willing to marry the convict, knowing full well that he was incarcerated for life. Exercising its extraordinary jurisdiction, the Court decided to grant the convict parole for 15 days, not out of consideration for the convict himself, but out of respect for the woman’s love and commitment. Despite the life sentence, she had stood by her decision to marry the convict, and her steadfastness touched the Court. In light of these exceptional circumstances, the Court opined that the convict should be granted 15 days parole.
Therefore, the Court directed the Director General of Prisons and Correctional Services and the Superintendent to release Convict for a period of 15 days, commencing from 12-07-2025. The convict was directed to report back to jail on 26-07-2025 before 4 P.M.
[Sathy v. State of Kerala, WP(CRL.) NO. 874 OF 2025, decided on 11-07-2025]
Advocates who appeared in this case:
For Petitioner: SRI.P.MOHAMED SABAH, LIBIN STANLEY, SAIPOOJA, SADIK ISMAYIL, R.GAYATHRI, M.MAHIN HAMZA, ALWIN JOSEPH, BENSON AMBROSE
For Respondent: SEETHA S., SENIOR PUBLIC PROSECUTOR