TP Chandrasekharan murder: Kerala High Court rejects convict's plea for parole to attend family function

The Kerala High Court recently dismissed a plea filed by the wife of a murder convict seeking his temporary release from prison to attend the Choroonu (first rice-giving) ceremony of their child [XXX v State of Kerala & ors]

Justice PV Kunhikrishnan held that parole is permissible only under extraordinary circumstances and cannot be extended to cover traditional family functions.

"I am of the considered opinion that a life convict is entitled to parole only in extraordinary situations, and that also as per the law in force," the Court said.

The petitioner, wife of the convict, approached the Court seeking parole for her husband who is currently undergoing life imprisonment at the Kannur Central Prison for the brutal killing of TP Chandrasekharan, a political activist, in 2012.

The wife submitted that their child was born on February 11, 2025 and the traditional Choroonu ceremony was scheduled for July 23 and 26 at their residence in Thiruvananthapuram.

She added that her husband had earlier been granted 10 days of emergency leave for the child's birth and urged that he be granted leave again as his presence was equally important for this ceremony.

However, the Court refused to allow the plea.

It observed that parole was not an automatic right but an exception granted only under extraordinary circumstances.

It further noted that the convict had already availed parole in connection with the child's birth.

Hence, further leave for post delivery ceremonies was unnecessary, especially when he was serving jail time after being convicted for for a serious crime like murder.

"Admittedly, the convict was given parole in connection with the delivery of the petitioner. Thereafter, for all ceremonies after the delivery, this Court cannot grant parole to the convict especially because the convict is an accused in a murder case, and one court found that he is guilty. Therefore, I am of the considered opinion that the petitioner is not entitled to parole for traditional Choroonu (first rice feeding ceremony) of his child," the Court observed.

The petitioner was represented by Advocates PK Varghese, MT Sameer, Dhanesh V Madhavan, Jerry Mathew, Devika KR, Sawparnika Raju and Gopika Santhosh.

Senior public prosecutor Seetha S appeared for the State.

[Read Judgment]