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2026 Supreme(Online)(Mad) 29555
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA, JJ
Balamurugan – Appellant
Versus
The Deputy Inspector General of Prison – Respondent
W.P.Crl.(MD)No.1765 of 2026
For the Appellants/Petitioners: Dr.Lakshmi Prasanna Komara
For the Respondents: Mr.A.Thiruvadikumar, Additional Public Prosecutor
Life convict entitled to ordinary leave without escort after long incarceration and good conduct.
Headnote:First Paragraph: The petition challenges proceedings under Article 226 seeking to quash conditions imposed for ordinary leave to a life convict who has undergone over seven years incarceration. Relevant provisions include Article 226 of the Constitution and Jail Manual rules. Court found the conditions of escort and surety execution before Tahsildar unduly restrictive given the prisoner's conduct. Second Paragraph: Key issue framed as whether twin conditions for leave are reasonable considering long imprisonment. Ratio decidendi holds that extended incarceration and good conduct warrant leave without escort, with surety bonds executable before Jail Superintendent due to election duties. Third Paragraph: Writ petition allowed, granting 28 days ordinary leave without escort from 08.04.2026 to 05.05.2026 with modified reporting conditions.
| Table of Content |
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| 1. life convict seeks ordinary leave challenging escort and surety conditions. (Para 2) |
| 2. long incarceration and conduct justify leave without escort. (Para 3) |
| 3. impugned order modified; 28-day leave granted without escort. (Para 4) |
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The petitioner is a life convict. He is undergoing incarceration in Central Prison, Madurai. He had so far spent seven years, three months and seventeen days in prison. He is entitled to 28 days ordinary leave. It was also granted by the first respondent vide proceedings dated 22.09.2025. However, two conditions were stipulated. The first was that the petitioner can be granted leave only under escort. The second was that the sureties must execute bond before the jurisdictional Tahsildar. Aggrieved by these twin conditions, this writ petition has been filed.
3. Considering the long incarceration of the petitioner and taking into account his overall past conduct, we are of the view that the petitioner can be granted leave without escort.
4. Since the elections for the assembly are to be held shortly, the jurisdictional Tahsildar is likely to be engaged in election duties. We therefore permit the execution of bond by the sureties before the jail Superintendent. The impugned order dated 22.09.2025 is accordingly modified.
4.The writ petition is allowed on the following conditions:-
(a)The convict-prisoner, Balamurugan, (Convict No.5565) now detained at Central Prison, Madurai is granted ordinary leave for twenty eight (28) days from 08.04.2026 to 05.05.2026 without escort.
(b) The convict prisoner shall be released from the prison at 10.00 a.m., on 08.04.2026 and he shall return to the prison at 05.00 p.m, on 05.05.2026.
(c) During the said leave period, he shall report before the Inspector of Police, Chinthamani Police Station daily at 6:00 p.m, from 09.04.2026 onwards, without fail.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
