Madras HC Gives Life Convict 28 Days’ Leave Without Escort To Arrange Funds For Wife’s Asthma Treatment, As Police Objections Lacked Support

The petitioner, daughter of life convict Ramanidharan, challenged the order dated 16 September 2026 refusing his request for 28 days’ ordinary leave.

He sought leave to make financial arrangements for his wife’s medical treatment for severe asthma.

The Probation Officer submitted a favourable report concerning the illness and the prisoner’s conduct, but the jurisdictional police raised objections that the State fairly acknowledged were unsupported by material.

The prisoner had been incarcerated for seven years, ten months and 27 days when the Court considered the petition.

The petition invoked Article 226 of the Constitution of India, under which the High Court may grant appropriate relief in a habeas corpus proceeding.

The Court also directed compliance with the conditions prescribed in the Jail Manual during leave.

The judgment identifies no specific Jail Manual provision or precedent governing ordinary leave; its decision rests on the facts and the absence of material supporting the police objections.

The Court considered the favourable Probation Officer’s report confirming the stated medical need and the prisoner’s conduct, together with the State’s acknowledgment that the jurisdictional police objections were unsupported by material.

It also noted the prisoner’s period of incarceration and concluded that the impugned refusal should be quashed and leave granted without escort.

The Court imposed reporting and other conditions to regulate the leave period.

During leave, he must report daily to the fourth respondent at 10:00 a.m., return to the second respondent on completion of leave, comply with the Jail Manual, and use the leave only for the stated purpose; the petitioner must produce the necessary documents and a copy of the order before the prison authorities.