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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 28 days ordinary leave to the convict prisoner under the order dated 19.08.2026, passed by the first respondent, the petitioner herein / brother of the convict prisoner, has come to this Court by filing this writ petition.
The case of the petitioner is that his brother is a life convict and he is in incarceration pursuant to the Judgment dated 02.03.2020, passed in S.C.No.242/2010, on the file of the Court of the Principal District and Sessions Judge, Coimbatore.
It is the further case of the petitioner that certain ancestral family properties are required to be partitioned among the legal heirs and their ancestral residential house requires immediate maintenance and repair works and therefore, he requires the presence of his brother. Therefore, he applied for grant of 28 days ordinary leave to his brother. But, the first respondent, under the order dated 19.08.2026, has granted 28 days ordinary leave, however, with police escort, to the convict prisoner. It is the further case of the petitioner that his brother had earlier availed emergency leave and returned to the prison within the stipulated time without any violation and therefore, he 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 family properties are required to be partitioned among the legal heirs and their ancestral residential house requires immediate maintenance and repair works and when the convict prisoner came on leave earlier, no untoward incident took place and no adverse remark was made against him, 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 28 days ordinary leave to the petitioner's brother, namely, Alex @ Alex Pandian, son of Dhanushkodi (PID No.243850) 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.