1. A life convict challenged a condition requiring police escort for ordinary leave, citing inability to provide lodging and food for the escorting officers. (Para 1 , 2 )
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2026 Supreme(Online)(Mad) 105866
MADURAI BENCH OF MADRAS HIGH COURT
M. Nirmal Kumar, N. Gunasekaran, JJ
Kalaiselvi – Appellant
Versus
Deputy Inspector General of Prison – Respondent
WP Crl.(MD) No. 5762 of 2026
Important Points
The court may modify the condition of police escort for a convict prisoner's ordinary leave to 'without escort' based on the petitioner's inability to support the escort, provided strict reporting conditions are imposed to ensure compliance.
Subject
Criminal Law - Prisoner Rights
Act Referred
Headnote
(A) Prisoner Rights - Ordinary Leave - Condition of police escort - Where the petitioner is unable to provide food and accommodation for the escort, the court may modify the condition to grant leave without escort, subject to strict reporting conditions to ensure compliance. (Para 4, 5)
Issues: Whether the condition of "police escort" for the ordinary leave of a life convict prisoner can be modified to "without escort".
Issues: Whether the condition of "police escort" for the ordinary leave of a life convict prisoner can be modified to "without escort".
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: S. Srikanth
For the Respondents: G. Karuppasamy Pandian
For the Appellants/Petitioners: S. Srikanth
For the Respondents: G. Karuppasamy Pandian
Table of Contents
2. Petitioner sought removal of the police escort condition for a convict's leave, while the prosecution argued it was necessary due to an existing life threat. (Para 2 , 3 )
3. The Court assessed the necessity of police escort against the petitioner's practical difficulties, ultimately determining that the escort condition could be waived under the current circumstances. (Para 4 )
4. The court maintains discretion to modify bail or leave conditions when the practical constraints of the prisoner's family outweigh the necessity of specific security measures during leave. (Para 4 )
5. The court ordered the grant of 28 days of ordinary leave to the convict without police escort, subject to daily reporting and strict compliance with jail manual conditions. (Para 5 )
6. Can a court modify the condition of police escort attached to the grant of ordinary leave for a life convict?
Yes, the court has the authority to modify or waive the condition of police escort for a convict's leave upon considering the facts, circumstances, and practical hardships of the petitioner. (Para 4 , 5 )
7. What standard conditions are typical when a life convict is granted leave without police escort?
The court mandates that the convict reports to the specified local authorities daily, returns to prison exactly upon the expiration of the leave period, adheres to all Jail Manual regulations, and uses the leave strictly for its authorized purpose. (Para 5 )
For Petitioner(s) : Mr.S.Srikanth
For Respondent(s) : Mr.G.Karuppasamy Pandian Additional Public Prosecutor
ORDER
(Order of the Court was made by M.Nirmal Kumar J.)
Aggrieved by the condition “with police escort” while granting 28 days ordinary leave to the convict prisoner under the order dated 06.10.2026, passed by the first respondent, the petitioner herein / sister of the convict prisoner, has come to this Court by filing this writ petition.
2. It is the case of the petitioner that her brother is a life convict.Since the petitioner is suffering from illness and is also required to carry out household maintenance works, she made a request to the respondents to grant 28 days of ordinary leave without escort to her brother. But, the respondents, under the order dated 06.10.2026, has granted 28 days ordinary leave, however, with police escort, to the convict prisoner. It is the further case of the petitioner that she is not able to provide food and accommodation to the police escort, and therefore, she prays to modify the condition “with escort” as “without escort”.
3. Mr.G.Karuppasamy Pandiyan, learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that there is life threat to the brother of the petitioner and therefore, the convict prisoner has been granted leave with escort.
4. Taking into consideration the facts and circumstances of the case, we are inclined to direct the respondents to grant leave without police escort.
5. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant 28 days ordinary leave to the petitioner's son , namely, Kalai Tamilvanan S/o Periyasamy, Life Convict Prisoner PID No.39437 confined at Central Prison, Madurai, without escort.
(ii) During the said leave period, he shall report before the third respondent, daily at 10.00 a.m., without fail.
(iii) He shall report back to the second respondent, on completion of the leave period, without fail.
(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.
(v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
(vi) The convict shall utilize the leave only for the reason for which it has been granted and shall not partake in any other activities.
(vii) No costs.
