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Judgment
(Order was made by A.D.JAGADISH CHANDIRA, J.)
Challenging the order dated 18.09.2026 passed by the first respondent, granting ordinary leave to the petitioner’s son/convict prisoner with police escort, the present writ petition (criminal) has been filed.
The case of the petitioner is that her son is a convict prisoner. Since the petitioner is suffering from acute lumbosacral strain associated with radiculapathy and requires the assistance of her son to make financial arrangements and to take her to the hospital for treatment, she sent a representation dated 27.07.2026 to respondents 1 and 2 seeking ordinary leave for her son. The first respondent, vide impugned order dated 18.09.2026, granted 28 days of ordinary leave to the convict prisoner, but with a condition of police escort. Since the petitioner is unable to provide food and accommodation for the police escort, she has filed this petition seeking to modify the condition from “with escort” to “without escort”.
Learned counsel for the petitioner submitted that though the petitioner’s son/convict prisoner has been granted leave, it is accompanied with a condition of police escort. He further submitted that the convict prisoner was on bail during trial, during which time, no untoward incident took place and no adverse remarks were made against him. He also submitted that the convict prisoner undertakes to maintain good conduct during the leave period. Hence, he prayed that leave may be granted to the convict prisoner without escort.
Learned Additional Public Prosecutor, on instructions, submitted that this is the first time the convict prisoner is going on ordinary leave for 28 days.
Heard both sides and perused the materials available on record.
Taking into consideration the facts and circumstances of the case that the convict prisoner was granted bail during trial, during which he maintained good conduct, we are inclined to modify the impugned order by directing the respondents to grant leave without police escort.
Accordingly, this Writ Petition (Criminal) is disposed of with the following directions:-
The respondents are directed to grant 28 days ordinary leave to the petitioner’s son, namely, Kavikumar, S/o. Sankar, aged about 25 years, PID No.228870, without escort;
During the said leave period, he shall report before the third respondent police, everyday at 06.30 p.m., without fail and also abide by all the conditions prescribed in the Prison Manual;
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 prison authorities;
The convict prisoner shall utilise the leave only for the reason for which it has been granted and shall not partake in any other activity; and
Connected miscellaneous petition is closed. No costs.