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Judgment
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
Aggrieved by the condition “with police escort” while granting 21 days ordinary leave to the convict prisoner under the order dated 17.08.2026, passed by the first respondent, the petitioner herein / mother of the convict prisoner, has come to this Court by filing this writ petition.
It is the case of the petitioner, her son is a life convict. Since the petitioner needs to undergo treatment for her illness, she requires the presence of her son to make financial arrangements. Therefore, she made a request to the respondents for grant of ordinary leave to her husband. But, the respondents, under the order dated 17.08.2026, has granted 21 days ordinary leave, however, with police escort, to the convict prisoner. It is the further case of the petitioner that her son is in incarceration for more than three years. 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”.
Heard Mr.D.Venkatesh, learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents.
Taking into consideration the facts and circumstances of the case on hand that the convict prisoner's mother requires medical treatment and she requires the assistance of her son / convict prisoner to make financial arrangements, we are inclined to direct the respondents to grant leave without police escort.
Accordingly, the writ petition is disposed of with the following directions:
The respondents are directed to grant 21 days ordinary leave to the petitioner's son, namely, Kamaraj, son of Kannan, aged about 48 years, convict prisoner, PID No.537089, without escort.
During the said leave period, he shall report before the fourth respondent, daily at 06.30 p.m., without fail.
He shall report back to the second respondent, on completion of the leave period, without fail.
The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.
During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
The convict shall utilize the leave only for the reason for which it has been granted and shall not partake in any other activities
No costs.