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2026 Supreme(Online)(Mad) 30790
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMKRISHNAN, JJ
Ayappan – Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600009. – Respondent
W.P.Crl.(MD).No.1823 of 2026
For Petitioner: Mr.K.Prethev
For Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
Court modified prisoner's ordinary leave conditions to daily police reporting and family sureties, without escort.
Headnote:Article 226 of the Constitution of India was invoked for issuance of Writ of Mandamus to direct grant of ordinary leave without escort to a life convict. Petitioner sought 28 days leave for his father confined in Central Prison, Tiruchirappalli. Court noted prior grant of leave with escort and modified conditions based on convict's 12 years served. Issue framed as modification of leave conditions. Court reasoned that considering reasons for leave and sentence served, escort condition is modified to daily reporting at police station, with sureties executable before prison superintendent by family members. Writ petition disposed of by modifying leave conditions.
| Table of Content |
|---|
| 1. petition seeks mandamus for convict's ordinary leave without escort. (Para 1) |
| 2. prior leave granted with escort produced in court. (Para 2) |
| 3. court modifies escort to daily police reporting and family sureties. (Para 3) |
[Order of the Court was made by N.ANAND VENKATESH, J.]
This writ petition has been filed for a Mandamus directing the respondents to grant 28 days ordinary leave without escort to the petitioner's father, who is a life convict serving sentence at Central Prison, Trichy.
2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor produced the proceedings of the second respondent dated 09.04.2026, wherein 28 days ordinary leave has been granted with escort.
3. Considering the reasons for which the ordinary leave has been sought for and taking notice of the fact that the convict has already served sentence for 12 years, we are inclined to modify the condition to the effect that during the entire ordinary leave period, the convict will report before the Inspector of Police Airport Police Station, Trichy, daily at 06.00 p.m. Apart from that condition, the detenu is permitted to execute the sureties before the Superintendent of Prison, Central Jail, Trichy, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the detenu. The other conditions imposed by the second respondent shall stand as it is.
