Kerala High Court Lifts Restriction on Prisoner’s Leave Condition Preventing Entry to Hometown.

Headnote:

The Kerala High Court modified a condition imposed on a convict’s ordinary leave, which prohibited him from entering the jurisdictional limits of Ottapalam Police Station — his native place. The Court held that the restriction defeated the purpose of granting leave, especially when no valid reasons were cited for imposing such a stringent condition. Accordingly, the condition was lifted, allowing the petitioner to visit his home while ensuring safeguards to prevent any misuse of liberty.

Background:

• The petitioner, Sarath K.C, aged 31, is Accused No. 3 in S.C. No. 698/2019 before the Additional Sessions Court, Ottapalam, and is currently serving life imprisonment as Convict No. C-204/2023 at the Central Prison and Correctional Home, Thavanoor.

• He was granted ordinary leave under an order dated 24.10.2025 (Exhibit P1), which included a condition that he shall not enter the jurisdictional limits of the Ottapalam Police Station or contact any residents within those limits.

• The petitioner challenged this condition, contending that his residence is within Ottapalam Police Station limits, and such a restriction rendered the leave meaningless.

• It was further submitted that no reasons were provided by the prison authorities for imposing such an onerous condition.

Court’s Observations:

• The Court noted that the petitioner’s residence is within Ottapalam Police Station jurisdiction and, therefore, prohibiting entry into his own locality would frustrate the purpose of granting leave.

• It found that the impugned condition in Exhibit P1 was imposed without justification or specific reasoning by the authorities.

• Justice Kauser Edappagath observed that the objective of granting ordinary leave is rehabilitation and family reintegration, which cannot be achieved if the prisoner is barred from visiting his home.

• The Court also referred to a previous judgment (Exhibit P2, W.P.(Crl.) No. 1390/2025, dated 22.10.2025) where similar relief was granted to a co-accused.

• While lifting the restriction, the Court imposed a safeguard requiring the petitioner to report weekly to the local police station and avoid contact with the relatives of the deceased.

Decision:

The Court lifted the condition in Exhibit P1 prohibiting the petitioner from entering Ottapalam Police Station limits. The petitioner was directed to:

1. Report before the Station House Officer, Ottapalam Police Station, every Monday at 10:00 a.m.
2. Refrain from contacting the relatives of the deceased residing within the Ottapalam Police Station limits.
3. The writ petition was disposed of accordingly.

Legal Provisions Discussed:

• Prisons Act, 1894 – Regulation of prison administration and prisoner leave.

• Kerala Prisons and Correctional Services (Management) Rules, 2021 – Rules governing prisoner leave and parole.

• Article 226, Constitution of India – Power of the High Court to issue writs for enforcement of rights.

Citation: 2025:KER:81560

Case: Sarath K.C v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Dr. Justice Kauser Edappagath

Date of Decision: 30 October 2025

Writ Petition (Crl.) No.: 1470 of 2025