Sheeba vs State Of Kerala & Ors.

The wife of Convict No.938 (Purushothaman) of the Open Prison & Correctional Home, Cheemeni, has filed this writ petition under Article 226 of the Constitution of India, for a direction to the third respondent to grant emergency leave to the above prisoner, to attend the sister of the said prisoner, who is said to have suffered a stroke and related complications.

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

The petitioner would rely on the treatment summary issued by a private Medical College in support of the contention that the sister of the prisoner had suffered Right Cerebellar Bleed with Tonsillar Herniation and Hydrocephalus, as a result of which, she was subjected to open tracheostomy. At present, the above patient is said to have recovered from the aforesaid complications.

The learned Public Prosecutor opposed the prayer for the emergency leave stating the reason that the certificate relied on by the petitioner is not issued by a Civil Surgeon as required by the relevant rules.

Having regard to the fact that the prisoner's sister had undergone serious neurological complications pursuant to a stroke suffered by her as revealed from Ext.P1 certificate, I am of the view that the above prisoner shall be given an opportunity to visit his sister, who is stated to be recuperating after the aforesaid ailment.

In the result, the writ petition stands allowed as follows:-

The third respondent is hereby directed to pass the necessary orders granting emergency leave to Convict No.938 (Purushothaman) of the Open Prison & Correctional Home, Cheemeni, for a period of five days from 25.09.2026, to enable him to attend his sister undergoing treatment for stroke suffered by her.

Exhibit P1 A TRUE COPY OF THE TREATMENT SUMMARY ISSUED BY DR NAVEEN HARIDAS, SENIOR SPECIALIST, DEPARTMENT OF NEUROSURGERY, DR MOOPENS MEDICAL COLLEGE.

Exhibit P2 A TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 30.06.2026