AI Structured Summary
Not yet generated for this judgment
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 21.08.2026, 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 her mother Parvathi, aged about 74 years is suffering vision impairment. Therefore, he sought help of his relatives to bring his mother to the nearest hospital. The Doctor diagnosed that she is suffering from cataract in her both eyes and she needs surgery. In this regard, the petitioner filed W.P. (MD) No.8752 of 2024 and was granted 10 days ordinary leave on 25.04.2024 and the same was extended to another 10 days in W.P. (MD) No.12057 of 2024 on 07.06.2024. By virtue of the orders of this Court, the petitioner was granted 20 days ordinary leave and his mother undergone cataract surgery for one year. He would further submit hat his mother is unable to undergo surgery for her another eye for want of money. Therefore, he made a representation to the third respondent through the 4th respondent seeking 21 days ordinary leave furnishing the details of the two sureties. However, the third respondent considered the representation of the petitioner and granted 28 days ordinary leave with escort. The petitioner would submit that he had earlier availed emergency leave and returned to the prison within the stipulated time and therefore, 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 the petitioner is involved in a case relating to sensitive communal murder and thereby, he had been granted leave to go along with escort.
Per contra, the learned counsel for the petitioner would submit that in respect of the other co-accused, this Court has granted leave to go without escort imposing conditions.
Taking into consideration the facts and circumstances of the case on hand that the petitioner's mother requires the presence of the petitioner for her surgery to be done and also the fact that the co-accused has been granted leave to go without escort, 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/convict petitioner, son of Pandi @ Pandithevar, C.P.No.6029, PID No. 39432.
During the said leave period, he shall report before the fifth respondent – Police, daily at 06.30 p.m., without fail.
He shall report back to the fourth
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 during the leave period, the convict prisoner shall not meet the press people and give any interviews.
No costs.