Past Crimes Alone Not Ground To Deny Ordinary Leave If Prisoner Eligible Under Rule 397 Of Prison Rules: Kerala High Court

Justice K. Babu was considering a writ petition filed by the father of a convict seeking leave for his son.

The convict had been denied ordinary leave by prison authorities on the ground that he was involved in five criminal cases. However, it was brought to the Court's attention that four of these cases dated back to 2011 and one to 2015.

“Ordinary leave granted to a prisoner is a facet of the reformative process. It is one of the ways by which a prisoner can reform himself and mingle with society, transforming himself into a responsible citizen.” Court observed.

Relying on the Supreme Court's ruling in Asfaq v. State of Rajasthan[2017 KHC 6641], the Court emphasized that reformation is a key objective of punishment, alongside deterrence and retribution.

Rejecting the authorities' reliance on adverse police reports warning of potential law and order issues, the Court held that such apprehensions run counter to the principles of reformation. It said that once a prisoner is otherwise eligible under the relevant prison rules, specifically Rule 397, such concerns cannot be the sole basis to deny leave.

Importantly, the Court noted that the mere fact that the convict had been implicated in cases nearly a decade earlier was insufficient to deny him the benefit of ordinary leave.

“This Court is of the view that the convict being accused in five crimes ten years back is not a ground to reject ordinary leave to the convict.” Court held.

The Court thus allowed the writ petition and directed the competent authority to consider granting ordinary parole if the convict submits a fresh application.

Case Title: Suresh v State of Kerala and Ors.

Case No: WP(Crl.) 303/ 2026

Citation: 2026 LiveLaw (Ker) 207

Counsel for Petitioner: Vishnuprasad Nair

Counsel for Respondent: N.R.Sangeetharaj (PP)