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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 six days emergency leave to the convict prisoner under the order dated 19.08.2026, passed by the first respondent, the petitioner herein / convict prisoner, has come to this Court by filing this writ petition.
It is the case of the petitioner that he is a life convict. Since the elder sister of the convict prisoner is suffering from some health issues and she requires the presence of her brother to mobilize funds for medical treatment, the petitioner / convict prisoner made a request to the respondents for grant of emergency leave to him. But, the respondents, under the order dated 19.08.2026, has granted six days emergency leave, however, with police escort, to the convict prisoner. It is the further case of the petitioner that his house is situated at Elanjambur Village, Ramanathapuram District and the victim girl's house is situated at M.Salai Village, which is 7 Kms. away from his house. It is the further case of the petitioner that he is not able to provide food and accommodation to the police escort, 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 elder sister requires medical treatment and she wants the presence of her brother / life convict to mobilize funds for medical treatment, 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 six days emergency leave to the petitioner, namely, S.Kandhasamy, son of Shanmugam, C.P.No.6023, PID No.98997, without escort.
During the said leave period, he shall report before the second respondent, daily at 06.30 p.m., without fail.
He shall report back to the first 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.
It is made clear that during the leave period, convict prisoner shall not make any attempt to contact the victim girl or her relatives.
If any adverse remark is found against the petitioner / convict prisoner, the second respondent shall intimate the same to the first respondent, who shall take necessary steps to secure the convict prisoner.
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.