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2026 Supreme(Online)(Mad) 49494

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, K.K.Ramakrishnan, JJ
Anthony – Appellant
Versus
Home Secretary – Respondent
W.P.Crl.(MD)No.3036 of 2026



Advocates:
For the Appellants/Petitioners: M.Nandhini
For the Respondents: T.Lenin Kumar

The High Court has the jurisdiction under Article 226 to modify restrictive conditions (such as police escort) imposed on a convict's ordinary leave by prison authorities if such conditions are found to be disproportionate to the requirements of supervision.

Headnote:The case involves a challenge to an order granting leave to a life convict with a condition for police escort. The court examined the proportionality of the conditions imposed by prison authorities under the constitutional framework of writ jurisdiction. The court determined that the condition of mandatory escort could be modified provided the convict submits to reporting requirements before local police authorities. The main issue is whether the condition of requiring a police escort during ordinary leave can be modified to better balance the convict's interests. The ratio decidendi rests on the court's discretion to modify prison administrative conditions to ensure the effective exercise of leave while maintaining public peace and supervision, without unnecessary restriction of the convict's liberty. The writ petition is disposed of with a modification to the conditions, substituting the escort requirement with a daily reporting requirement to the jurisdictional police station.

Table of Content
1. factual background of the challenge against prison leave conditions. (Para 1 , 2 , 3 , 4)
2. court's discretion to modify restrictive leave conditions for convicts. (Para 5 , 6)

Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No. 274/Utha.2/2026 dated 17.03.2026 issued by the second respondent quash the same and consequently direct the second respondent to grant 28 days ordinary leave without escort and conditions to the petitioner, namely, Antony, s/o. Madasamy, PID No.185551.

For Petitioner : Ms.M.Nandhini

For Respondents : Mr.T.Lenin Kumar,

Counsel for the State of Tamil

Nadu (Criminal Side)

ORDER

(Order of the Court was made by N. ANAND VENKATESH,J.)

This writ petition has been filed challenging the proceedings in No. 274/Utha.2/2026 dated 17.03.2026 issued by the second respondent, wherein, the second respondent while granting 28 days ordinary leave to the convict, imposed a condition that the convict will be accompanied by an escort.

2. Heard the learned counsel on either side.

3. The petitioner is a life convict undergoing sentence at Central Prison, Palayamkottai. A representation was made seeking for 28 days ordinary leave and the same was considered by the second respondent and 28 days ordinary leave was granted with a condition that the convict will be accompanied by an escort. This condition imposed by the second respondent has been put to challenge in the present writ petition.

4. The learned counsel for the State of Tamil Nadu (Criminal Side) submitted that the convict has undergone sentence of six years, nine months and twenty nine days and on an earlier occasion, he was granted emergency leave once and ordinary leave once.

5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner and the reason for which the ordinary leave has been sought for, we are inclined to modify the condition to the effect that the convict will report before the fourth respondent daily at 05.00 p.m., during the entire ordinary leave period. The other conditions imposed by the second respondent shall stand as it is. It is made clear that during the ordinary leave period the convict shall not cause any disturbance either to the victim girl or to her family.

6. This Writ Petition (Criminal) stands disposed of in the above terms.

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