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2026 Supreme(Online)(Mad) 34742
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN, JJ
Selvi Chinnathambi – Appellant
Versus
The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009. – Respondent
W.P.Crl.(MD).No.2219 of 2026
For the Appellants/Petitioners: Mr.P.M.Basil
For the Respondents: Mr.A.Thiruvadi Kumar, Additional Public Prosecutor
Court modified prisoner's ordinary leave escort condition to daily police reporting and family sureties.
Headnote:First Paragraph: The petition challenges proceedings under Article 226 for ordinary leave to a life convict, where the prison authority granted 28 days leave but imposed an escort condition (para 1, 3). Court examined facts of representation for leave and imposed conditions. Findings: Modification of escort condition justified by case circumstances (para 4). Second Paragraph: Issue framed as challenge to escort requirement in ordinary leave grant (para 1). Ratio: Considering facts, submissions, court modified condition to daily police reporting and family sureties, retaining other terms (para 4). Last Paragraph: Writ petition disposed with modified conditions.
| Table of Content |
|---|
| 1. challenge to escort condition in ordinary leave grant. (Para 1 , 3) |
| 2. hearing of counsel submissions. (Para 2) |
| 3. modification to daily reporting and family sureties. (Para 4) |
This writ petition has been filed challenging the proceedings of the second respondent made in No.354/Utha.2/2026 (RO.MDU/354/2026.G2) dated 09.04.2026 wherein, the second respondent while granting ordinary leave has imposed a condition that the convict will be accompanied by an escort and this condition has been put to challenge.
2. Heard the learned counsel on either side.
3. The petitioner's son, who is a life convict, undergoing sentence at Central Prison, Palayamkottai. The petitioner submitted a representation seeking for ordinary leave. The second respondent while granting 28 days ordinary leave imposed a condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present writ petition.
4. Taking into consideration the facts and circumstances of the case and the submissions made on either side, we are inclined to modify the condition imposed by the second respondent to the effect that the convict shall report before the fourth respondent daily at 06.00 p.m., during the entire ordinary leave period. Apart from that condition, the detenu is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Palayamkottai, 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.
