High CourtsDivision Bench(2026) 09 MAD CK 1508

Valarmathi vs The Deputy Inspector General Of Prison & Ors.

Madras High Court, Madurai Bench · Decided on 8 September 2026

HON’BLE JUDGES
A.D. Jagadish Chandira, J · B. Murugesan, J
CASE NUMBER
W.P.Crl.(MD) No.5052 of 2026

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Judgment

14 paragraphs · 439 words

[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 30.07.2026, passed by the first respondent, the petitioner herein / brother of the convict prisoner, has come to this Court by filing this writ petition.

2.

It is the case of the petitioner, his brother is a life convict. Since the mother of the convict prisoner is suffering from some ailments, the hospital for treatment. Therefore, he made a request to the respondents for grant of ordinary leave to his brother. But, the respondents, under the order dated 30.07.2026, has granted 28 days ordinary leave, however, with police escort, to the convict prisoner. The convict prisoner undertakes that he will not make any attempt to contact the victim girl or her family members and that he will abide by the conditions imposed by this Court. 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”.

3.

Heard Mr.D.Venkatesh, learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents.

4.

Taking into consideration the facts and circumstances of the case on hand that the convict prisoner's mother requires medical treatment and the convict prisoner undertakes that he will not make any attempt to contact the victim girl or her family members and that he will abide by the conditions imposed by this Court, we are inclined to direct the respondents to grant leave without police escort.

5.

Accordingly, the writ petition is disposed of with the following directions:

(i)

The respondents are directed to grant 28 days ordinary leave to the petitioner's brother, namely, Valarmani, son of Rajendran (PID No.266948), without escort.

(ii)

During the said leave period, he shall report before the third respondent, daily at 10.30 a.m., and 06.30 p.m., without fail.

(iii)

He shall report back to the second respondent, on completion of the leave period, without fail.

(iv)

The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.

(v)

During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

(vi)

The convict shall utilize the leave only for the reason for which it has been granted and shall not partake in any other activities.

(vii)

It is made clear that the convict prisoner shall not make any attempt to contact either the victim girl or her family members.

(viii)

No costs.