Kerala High Court Grants Emergency Parole To Life Convict To Execute Sale Deed, Repay Bank Loan To Prevent Family's Eviction

"A reasonable time is required to enable the petitioner to execute the sale deed after clearing all the hurdles, including the release of the title documents from the bank where the same is furnished as security in connection with the loan availed." Kerala High Court, in a significant ruling, granted emergency parole to a life convict to facilitate the sale of his property and the subsequent repayment of an outstanding bank loan.

A single bench of Justice Jobin Sebastian observed that providing a reasonable window for the convict to complete the transaction was necessary to prevent his family from being rendered homeless due to impending arbitration and auction proceedings. The Court noted that the right to protect family property from being "thrown out to the street" warranted a temporary release under emergency provisions.

The petitioner, Sreekumari, the wife of a convict serving life imprisonment at Central Prison, Poojappura, approached the Court seeking emergency parole for her husband, Sajeev Kumar V. The convict had defaulted on a loan from the Madhava Vilasom Service Co-operative Bank Ltd, leading to the initiation of arbitration proceedings and the threat of a public auction of their residential property. To clear the dues, the convict intended to sell the property to private purchasers, which required his physical presence for the execution of the sale deed and the retrieval of title documents from the bank.

The primary question before the Court was whether a convict serving life imprisonment could be granted emergency parole for the specific purpose of executing a commercial transaction to settle financial liabilities. The Court was also called upon to determine the appropriate duration of such leave, balancing the convict's requirements with the custodial interests of the State.

Court Verifies Genuineness Of Sale Agreement

Upon receiving the petition, the Court had previously directed the Public Prosecutor to verify the authenticity of the proposed sale agreement. During the final hearing, the prosecution confirmed that the transaction was legitimate and that an agreement had already been executed in the presence of the Jail Superintendent.

"Accordingly, the learned Public Prosecutor on the last posting date submitted that an agreement for sale has already been executed in the presence of the jail Superintendent concerned in respect of the property standing in the name of the Convict, Sajeev Kumar V., in favour of Mr. Toby Martin and Mr. Ajithkumar," the bench noted.

Necessity Of Parole To Facilitate Clearing Of Bank Liens

The Court took into account the procedural complexities involved in the sale, specifically the fact that the property was pledged with a bank. The bench recognized that the convict's presence was essential not just for the signing of the deed, but for the coordination required to release the title documents from the bank's custody after the loan was cleared using the sale consideration.

"I am also of the view that a reasonable time is required to enable the petitioner to execute the sale deed after clearing all the hurdles, including the release of the title documents from the bank where the same is furnished as security," the Judge observed.

Court Reduces Requested Leave Period To Four Days

While the petitioner had requested one week of emergency leave, the Court found this duration to be excessive. The bench held that the objectives of the sale could be achieved within a shorter timeframe, thereby balancing the convict's family needs with his status as a life convict.

"The period of one week sought for by the learned counsel for the petitioner appears to be on the higher side. Therefore, I am of the view that an emergency parole for four days can be granted to the convict so as to enable him to execute a sale deed," the Court held.

Strict Conditions Imposed On Convict During Release

The Court allowed the writ petition but imposed stringent conditions to ensure the convict's return and the safety of the original victim in the criminal case. The Superintendent of Central Prison, Poojappura, was directed to release the convict from 10:00 a.m. on July 13, 2026, until 5:00 p.m. on July 16, 2026.

As a prerequisite for release, the convict is required to execute a bond for Rs. 1,00,000 with two solvent sureties to the satisfaction of the jurisdictional court. Furthermore, the bench explicitly prohibited the convict from contacting the victim of his original crime, either directly, indirectly, or through electronic media, and barred him from entering the premises where the victim resides. The Court also warned that the convict must not commit any further offenses while on parole.

The Court concluded by directing the convict to report back to the prison authorities without fail by the designated deadline. The ruling emphasizes a humanitarian approach toward convicts, recognizing that the preservation of a family's primary residence is a valid ground for the exercise of discretionary power to grant emergency leave.

Date of Decision: 06 July 2026