Kerala High Court
Sreejith Mk vs State Of Kerala on 9 March, 2026
Author: K. Babu
Bench: K. Babu
2026:KER:21091
W.P.(Crl)No.419 of 2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 9TH DAY OF MARCH 2026 / 18TH PHALGUNA, 1947
WP(CRL.) NO. 419 OF 2026
PETITIONER:
SREEJITH M.K.,
AGED 40 YEARS,
S/O KUMARAN,
MADAPPATTUPARAMBIL HOUSE,
THRISSUR EAST PO, THRISSUR,
PIN - 680020
BY ADVS.
SHRI.SUBASH CHANDRAN
SMT.KAVITHA K.T.
SMT. AHALYA PRAKASH K.V.
SHRI.HAMDAN MANSOOR K.
RESPONDENTS:
1 STATE OF KERALA,
HOME DEPARTMENT GOVERNMENT OF KERALA
THROUGH CHIEF SECRETARY GROUND FLOOR,
MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT KERALA,
PIN - 695001
2 THE SUPERINTENDENT,
OPEN PRISON & CORRECTIONAL HOME,
NETTUKALTHERY, THIRUVANANTHAPURAM,
PIN - 695012
3 DIRECTOR GENERAL OF PRISONS AND
2026:KER:21091
W.P.(Crl)No.419 of 2026 2
CORRECTIONAL SERVICES,
PRISONS HEADQUARTERS, POOJAPPURA,
THIRUVANANTHAPURAM KERALA,
PIN - 695012
BY ADV.
SRI.N.R.SANGEETHARAJ, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 09.03.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:21091
W.P.(Crl)No.419 of 2026 3
K.BABU, J.
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W.P.(Crl) No.419 of 2026
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Dated this the 9th day of March, 2026
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
"1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass appropriate orders on the representation submitted by the petitioner seeking overstay of parole for a period of 15 days from 28.02.2026 on medical grounds.
2. Declare that the petitioner shall not be treated as a parole violator for the period during which he is undergoing treatment pursuant to the medical records produced before this Hon'ble Court.
3. Permit the petitioner to overstay the home parole granted to him for a further period of 15 days from 28.02.2026 on medical grounds and direct that no coercive action shall be taken against the petitioner for not reporting before the prison authorities during the said period
4. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice. "
2. The petitioner is Convict No.2913 lodged in the Open Prison and Correctional Home, Nettukalthery, Thiruvananthapuram. He was granted home parole for the period from 10.02.2026 to 28.02.2026 as per Ext.P1. He was required to report back to the prison on 28.02.2026 before 2026:KER:21091 W.P.(Crl)No.419 of 2026 4 4:00 p.m. It is submitted that on 24.02.2026, the petitioner met with an accident while using a woodcutter, resulting in severe injuries to his legs. The petitioner was hospitalized and discharged from the hospital on 03.03.2026. The petitioner seeks overstay for a period of 15 days from 28.02.2026 on medical grounds.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned Public Prosecutor submitted that the petitioner was discharged on 03.03.2026 and his condition is stable and no further treatment is required.
5. Having regard to the submissions, the petitioner is granted time till 13.03.2026 to surrender before the Superintendent of the Open Prison and Correctional Home, Nettukalthery, Thiruvananthapuram.
The Writ Petition is disposed of as above.
Sd/-
K.BABU JUDGE VPK 2026:KER:21091 W.P.(Crl)No.419 of 2026 5 APPENDIX OF WP(CRL.) NO. 419 OF 2026 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 10.02.2026 GRANTING HOME PAROLE Exhibit P2 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE REPAIR WORK OF THE HOUSE Exhibit P3 A TRUE COPY OF THE MEDICAL RECORDS DATED 24.02.2026 ISSUED BY THRISSUR DISTRICT CO-OP HOSPITAL Exhibit P4 A TRUE COPY OF THE PHOTOGRAPH OF THE INJURY Exhibit P5 A TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT SUPERINTENDENT DATED 25.02.2026 Exhibit P6 A TRUE COPY OF THE IMPRISONMENT CERTIFICATE DATED 13.05.2024 ISSUED BY THE 2ND RESPONDENT