Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 41752

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Navamani – Appellant
Versus
Home Secretary – Respondent
W.P.(Crl) No.1135 of 2026|W.P.M.P.(Crl) No.379 of 2026

Advocates:
For the Appellants/Petitioners: R.Bakiyalakshmi
For the Respondents: R.Muniyapparaj

The Court holds that conditions of ordinary leave for convicts, specifically the requirement of police escort, may be set aside where such conditions impose disproportionate financial hardship on the convict's family, provided that alternative monitoring arrangements such as reporting to local police can be satisfied.

Headnote:The case involves a challenge against a condition imposed by the prison authorities requiring police escort for a life-convict granted ordinary leave. The petitioner argued that the imposition of an escort condition imposes undue financial hardship on the prisoner due to the family's limited resources. The core issue is whether the requirement of police escort for a prisoner applying for ordinary leave is reasonable given the economic status of the petitioner. The court reasoned that in the absence of overwhelming security concerns, the financial burden on the family outweighs the requirement for escort, thereby warranting a relaxation of the conditions. The writ petition is allowed, and the condition requiring a police escort is set aside, subject to the prisoner reporting to the local police station daily during the leave period.

Table of Content
1. overview of prisoner's request for ordinary leave and imposed conditions. (Para 2)
2. judicial discretion in relaxing prison leave conditions based on financial hardship. (Para 3 , 4)

(Order of the Court was made by G.R.SWAMINATHAN, J . )

Heard both sides.

2. The writ petitioner’s brother namely, Duraisamy, S/o.Palanisamy, PID

20951, is undergoing life sentence. He is presently housed in the third respondent prison. Even though the convict has undergone more than 12 years imprisonment, he has not applied for ordinary leave so far. For the first time, he sought ordinary leave. His request was granted vide order dated 21.03.2026. However, it was stipulated that the prisoner will be accompanied by a police escort. Aggrieved by the said condition, this writ petition has been filed.

3. Since the petitioner does not belong to an affluent background, we are conscious of the financial implications imposed upon the prisoner. Considering the overall circumstances, we delete the said condition. However, the convict- prisoner, has to report before the local police station i.e., Annadanampatti Police Station, daily at 7.00 p.m. when he is on leave.

4. We direct the respondents to grant twenty eight (28) days ordinary leave for the convict without escort.

5. The writ petition is allowed on the following conditions:~

(a) The convict-prisoner, Duraisamy, S/o.Palanisamy, [PID 20951], now detained at Central Prison, Salem, is granted ordinary leave for twenty eight (28) days from 27.05.2026 to 23.06.2026 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 26.05.2026 and he shall return to the prison at 10.00 a.m., on 24.06.2026.

(c) During the said leave period, he shall report before the Inspector of Police, Annadanampatti Police Station, Salem District, daily at 07.00 p.m., from

27.05.2026 onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

Consequently, connected miscellaneous petition is closed.

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 41752

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R.Swaminathan, V.Lakshminarayanan, JJNavamani – AppellantVersusHome Secretary – RespondentW.P.(Crl) No.1135 of 2026|W.P.M.P.(Crl) No.379 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Navamani – Appellant
Versus
Home Secretary – Respondent
W.P.(Crl) No.1135 of 2026|W.P.M.P.(Crl) No.379 of 2026