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2026 Supreme(Online)(Mad) 32964
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN, JJ
Padma Rajeshwari – Appellant
Versus
The Home Secretary, Home Department (Prison), Secretariat, Fort. St. George, Chennai - 600 009. – Respondent
W.P.Crl.(MD).No.1986 of 2026
For the Appellants/Petitioners: Mr.P.M.Basil
For the Respondents: Mr.A.Thiruvadi Kumar Additional Public Prosecutor
Court modified prisoner's first ordinary leave from escort to daily police reporting and family sureties after 5+ years served.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution seeking a writ of mandamus to direct grant of 28 days ordinary leave without escort to a life convict brother. The authorities granted leave with escort condition. The court modified the condition considering over five years served. Issues framed as modification of escort requirement for first-time ordinary leave. Ratio: Imposition of escort not mandatory if alternative reporting and surety conditions ensure compliance. The writ petition disposed with directions for daily reporting and family sureties.
| Table of Content |
|---|
| 1. petition seeks mandamus for convict's ordinary leave without escort. (Para 1) |
| 2. authorities granted leave with escort for first time. (Para 2 , 3) |
| 3. court modifies to daily reporting and family sureties. (Para 4 , 5) |
| 4. petition disposed with directions. (Para 6) |
This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 3rd respondent to consider the representation made by the petitioner, wherein the petitioner has sought 28 days ordinary leave without escort for his brother, who is a life convict, presently serving sentence at Central Prison, Palayamkottai.
2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor produced a copy of the proceedings of the second respondent, dated 09.04.2026, wherein the convict has been granted 28 days Ordinary Leave with escort.
3. The learned Additional Public Prosecutor submitted that the convict is going to go on ordinary leave for the first time and therefore, the second respondent thought it fit to impose a condition that the convict must be accompanied by an escort.
4. This Court carefully considered the submissions made by either side and the materials available on record.
5. Considering the reason for which, the Ordinary Leave has been sought and taking note of the fact that the convict has already served his sentence for more than five years, we are inclined to modify the condition imposed by the second respondent in the proceedings, dated 09.04.2026. Accordingly, the convict shall report before the fourth respondent Police Station daily at 6.00 PM during the entire period of ordinary leave. Apart from that condition, the detenue is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Palayamkottai, instead of executing the sureties before the Tahsildar, and the two sureties shall be family members of the detenue.
6. This Writ Petition (Criminal) is disposed of with the above directions. No costs.
