Court can grant ordinary leave to convict despite pending cases if sentence served and humanitarian grounds exist.

[Order of the Court was made by N.ANAND VENKATESH, J.]

This writ petition has been filed challenging the impugned proceedings of the third respondent made in No.813/VuTha.2/2025, dated

21.04.2026 and for a consequential direction to the respondents to grant 21 days ordinary leave without police escort to the petitioner's son, who is presently serving sentence at Central Prison, Madurai.

2. Heard the learned counsel on either side.

3. The petitioner is the mother of the convict. The convict is suffering sentence at Central Prison, Madurai, for the offence under Section 302 of IPC. The petitioner made a representation to the respondents to the effect that she requires immediate treatment and therefore, she must be admitted to the hospital. For that purpose, the petitioner required the assistance of her son to arrange for the funds. 4. The representation made by the petitioner seeking for 21 days ordinary leave came to be rejected by the third respondent on the ground that there are four pending cases against the convict. Aggrieved by the same, the present writ petition has been filed before this Court.

5. We have carefully gone through the impugned proceedings of the third respondent. All the four cases that has been referred to by the fourth respondent pertains to the year 2017 and these cases are pending before the trial Court. The convict has already served sentence for three years, eight months and 24 days. Considering the ground on which the ordinary leave has been sought for, we are inclined to interfere with the proceedings of the third respondent. Accordingly, the same is hereby set aside. There shall be a direction to the third respondent to grant 21 days ordinary leave to the convict with a condition that the convict will report before the fifth respondent daily at 06.00 p.m., during the entire ordinary leave period. Apart from that condition, the convict is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Madurai, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the convict. The other conditions imposed by the third respondent shall stand as it is.