Back
2026 Supreme(Online)(Mad) 34910
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, K.K. Ramakrishnan, JJ
Sivakumar – Appellant
Versus
The Deputy Inspector General of Prison – Respondent
W.P.Crl.(MD).No.2144 of 2026
For Petitioner: Dr. Lakshmi Prasanna Komara
For Respondents: Mr. E. Antony Sahaya Prabahar, Additional Public Prosecutor
Court modified prison leave condition from escort to daily reporting and sureties for life convict.
Headnote:The petitioner, a life convict in a POCSO case serving sentence for five years, challenged proceedings under Article 226 for ordinary leave without escort, rejected by prison authorities with escort condition. Court considered facts, prior proceedings No.1186/Utha.2/2025 dated 25.11.2025, and submissions. Findings: Modified conditions permissible given circumstances. Issue framed as challenge to escort-mandated leave grant. Ratio: Court inclined to modify based on facts, submissions, substituting daily reporting at 6.00 p.m. to 4th respondent, sureties including family members, retaining other conditions. Writ petition allowed with modified directions for 21-day ordinary leave.
| Table of Content |
|---|
| 1. challenge to conditional ordinary leave grant (Para 1 , 3) |
| 2. hearing and modification of leave conditions (Para 2 , 4) |
| 3. writ petition allowed with directions (Para 5) |
This Writ Petition has been filed challenging the proceedings of the first respondent made in No.1186/Utha.2/2025, dated 25.11.2025, and for a direction to the first and second respondents to grant ordinary leave without escort for a period of 21 days to the petitioner, who is a life convict, presently serving sentence at Madurai Central Prison.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
3. The petitioner applied for ordinary leave before the first respondent. The first respondent, through the impugned proceedings dated 25.11.2025, granted ordinary leave with a condition that the convict shall 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 considering the submissions made on either side, this Court is inclined to modify the condition to the effect that the petitioner shall report before the 4th respondent daily at 6.00 p.m. during the entire period of ordinary leave. Apart from this condition, the detenue is permitted to submit sureties before the second respondent and two of the sureties shall be family members of the detenue. The other conditions imposed by the first respondent shall remain as they are.
5. This Writ Petition (Criminal) is allowed with the above directions.
