The court maintains discretion to grant ordinary leave to a convicted prisoner notwithstanding a non-recommendation by a Probation Officer, especially when administrative rigidity outweighs the objective criteria for leave.

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

Heard both sides.

2. The petitioner is undergoing life sentence in the Central Prison, Salem.

He was convicted for the offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012. So far, he has undergone 9 years of imprisonment. He seeks 28 days ordinary leave without escort. His request was rejected on the ground that the Probation Officer has not recommended his case.

Challenging the impugned order, the writ petition has been filed.

3. We went through the report of the Probation Officer. It is seen that even though the Probation Officer has endorsed the case of the petitioner almost in all aspects, the Probation Officer declined to recommend it on the ground that the reason cited by the writ petitioner was not correct. We are of the view that we need not take a strict view. Hence, the impugned order stands quashed. 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, Saravanan [PID No.146064], Son of Kandhasamy, 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, Vazhapadi 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.