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2026 Supreme(Online)(Mad) 29693
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Vanitha – Appellant
Versus
The Deputy Inspector General of Prisons, Chennai Range – Respondent
WP Crl. No. 730 of 2026
For the Appellants/Petitioners: Ms.S.Nadhiya
For the Respondents: Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John
Prior court order granting prison leave without escort prevails absent changed circumstances.
Headnote:First Paragraph: The challenge pertains to prison authorities' order under relevant jail regulations requiring escort for ordinary leave granted to a convict. Essential facts include prior court order dated 25.04.2024 directing ordinary leave without escort with conditions, conviction on 21.03.2022, and no change in circumstances cited by authorities. Court finds no necessity for escort in light of prior directions and absence of objections. Second Paragraph: Key issue framed as whether escort requirement persists absent changed circumstances post prior mandamus. Ratio decidendi holds that prior court order granting leave without escort remains applicable without new justifying factors, setting aside escort condition while imposing reporting and compliance obligations. Last Paragraph: Writ petition allowed; impugned order set aside to extent of escort requirement; 21 days ordinary leave without escort granted from 07.04.2026 to 27.04.2026 with conditions.
| Table of Content |
|---|
| 1. challenge to escort in ordinary leave order. (Para 1 , 2) |
| 2. no changed circumstances justify escort. (Para 3) |
| 3. escort set aside; leave granted with conditions. (Para 4) |
(Order of the Court was made by Dr.Anita Sumanth J.)
The challenge is to order dated 20.02.2026, where, while granting 21 days ordinary leave to the convict Sethupathi, S/o. Balaji, aged 30 years, confined at Central Prison, Puzhal, the authorities have also included the requirement of escort.
2. The mother of the convict has filed this Writ Petition primarily on the ground that there is no necessity for escort. The date of conviction in this case is 21.03.2022 and in W.P.No.9292 of 2024, the mandamus sought, for grant of ordinary leave without escort to this convict has been granted by this Court vide order dated 25.04.2024 by imposing conditions.
3. Learned Additional Public Prosecutor, who accepts notice for the respondents, does not point to any change in circumstances that would warrant necessity for escort now.
4. Hence, and in light of there being no serious objection to the mandamus sought for, impugned order dated 20.02.2026, to the extent to which an escort has been provided, is set aside and ordinary leave of 21 days without escort is granted, though on the following conditions:
(i) Respondents are directed to release the Convict Prisoner viz.,Sethupathi, S/o. Balaji, aged 30 years, confined at Central Prison, Puzhal, Chennai on Ordinary Leave for a period of 21 days i.e., from
07.04.2026 to 27.04.2026.
(ii) The Convict Prisoner shall be released on 07.04.2026 at 10.00 am and he shall surrender before the Superintendent of Prisons, Central Prison, Puzhal, Chennai on 28.04.2026 before 10.00 a.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, H-4, Korukkupet Police Station on every alternate day at 10.30 a.m., during the period of leave.
(iv) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual.
5. This Writ Petition is allowed to the above extent.
