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2026 Supreme(Online)(Mad) 29556

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA, JJ
Arockia Pamila – Appellant
Versus
The Home Secretary, Home Department(Prison), Secretariat, Fort St. George, Chennai – 600 009. – Respondent
W.P.Crl.(MD)No.1773 of 2026



Advocates:
For the Appellants/Petitioners: Mr.P.M.Basil
For the Respondents: Mr.A.Thiruvadikumar, Additional Public Prosecutor.

Emergency leave to life convict granted without escort based on past conduct.

Headnote:The writ petition under Article 226 of the Constitution challenges proceedings denying unescorted emergency leave to a life convict. Essential facts include the convict's three years and nine months served, entitlement to ordinary leave, and initial grant of six days emergency leave conditioned with escort. The court found the escort condition unnecessary based on the convict's past conduct. The primary issue was whether emergency leave should be granted without escort. The court's ratio decidendi holds that past conduct justifies unescorted emergency leave, modifying the impugned order dated 20.03.2026. The writ petition is allowed, granting six days emergency leave without escort from 08.04.2026 to 13.04.2026, with conditions for reporting, return, and compliance with jail manual.

Table of Content
1. wife seeks unescorted emergency leave for life convict husband. (Para 2)
2. escort condition unnecessary per past conduct. (Para 3)

(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard both sides.

2. The petitioner is the wife of the life convict. The convict is undergoing life sentence in Central prison, Palayankottai. The petitioner's husband had so far spent three years and nine months in prison. He is entitled to 21 ordinary leave. The petitioner sought emergency leave for six days. It was also duly granted by the third respondent. However, the third respondent in his proceedings dated

20.03.2026 stipulated that it will be under escort.

3. Taking into account the past conduct of the convict, we are of the view that emergency leave can very well be granted without escort. The impugned order dated 20.03.2026 is accordingly modified.

4.The writ petition is allowed on the following conditions:-

(a)The convict-prisoner, Iyyappan, (Convict No.

4393) now detained at Central Prison, Palayankottai is granted emergency leave for six (6) days from

08.04.2026 to 13.04.2026 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 13.04.2026. (c) During the said leave period, he shall report before the Inspector of Police, Rajakamangalam police station, Kanyakumari District 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.

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