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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 10.08.2026, passed by the second respondent, the petitioner herein / wife of the convict prisoner, has come to this Court by filing this writ petition.
It is the case of the petitioner, her husband is a life convict. Since the mother of the convict prisoner is suffering from some ailments, the petitioner requires the presence of her husband for taking his mother to the hospital for treatment. Therefore, she made a request to the respondents for grant of ordinary leave to her husband. But, the respondents, under the order dated 10.08.2026, has granted 21 days ordinary leave, however, with police escort, to the convict prisoner. It is the further case of the petitioner that her husband, on the earlier occasions, came on emergency leave without police escort and at that time, no untoward incident took place and no adverse remark made against him. 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 when the convict prisoner came on leave without escort on the earlier occasions, 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 21 days ordinary leave to the petitioner's husband, namely, Babu @ Gopalakrishnan, son of Selvaraj, bearing PID No.159564, 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 third 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.