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Judgment
Bechu Kurian Thomas, J.
Petitioner is the father of Convict No.99/2022 of Central Prison and Correctional Home, Viyyur. The convict’s mother died on 17.06.2024, and he was given escort parole for attending the funeral. This writ petition has been filed seeking emergency leave for performing the rites of the deceased mother scheduled to be conducted on the 16th day, which falls on 02.07.2024.
The learned Public Prosecutor, upon instructions submitted that the convict was granted escort parole on 18.06.2024, and emergency leave is now sought without any basis.
Petitioner’s son was convicted for the offence under Section 302 of the Indian Penal Code, 1860, and he has been in custody for the last two years and seven months.
Having regard to the circumstances of the case, I am of the view that since the convict’s mother expired and he is expected to perform the religious rites on the 16th day, emergency leave can be granted to him for a period of two days commencing from 02.07.2024 onwards. I am persuaded to allow this application only because the co-accused of the convict was granted a similar relief earlier. However, it is clarified that this shall not be treated as a precedent under any circumstances.
In the result, the second respondent shall issue appropriate orders immediately granting emergency leave for two days to Convict No.99/2022 of Central Prison and Correctional Home, Viyyur, from 02.07.2024.
Writ petition is disposed of as above.