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
| 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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