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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 20.08.2026, 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 convict prisoner. Since the house of the petitioner is in dilapidated condition, she requires the presence of her son / convict prisoner for repair works. Therefore, she made a request to the respondents for grant of ordinary leave to her son. But, the respondents, under the order dated 20.08.2026, 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”.
Mr.D.Venkatesh, learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents, submitted that since the victim is residing within the jurisdiction of Thiruppuvanam Police Station, the respondents have granted leave to the convict prisoner with escort.
At this juncture, learned counsel for the petitioner submitted that the distance between the petitioner's house and the victim's house is more than 25 kilometers and the convict prisoner undertakes that he will not enter into the jurisdiction of Thiruppuvanam Police Station and he will not make any attempt to contact either the victim or her family members.
Taking into consideration the facts and circumstances of the case on hand that the petitioner requires the presence of her son for repair works of her house and he undertakes that he will not enter into the jurisdiction of Thiruppuvanam Police Station and make any attempt to contact either the victim or her family members, 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, Raja, son of Kannan (PID No.267215).
During the said leave period, he shall report before the third respondent – Police, 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.
It is made clear that the convict prisoner, during leave period, shall not enter into the jurisdiction of Thiruppuvanam Police Station and make any attempt to contact either the victim or her family members.
No costs.