Madras HC Grants Life Convict 28 Days’ Leave Without Escort To Attend To Ailing Mother And Partition Family Property

The petitioner, a life convict detained at Central Prison, Coimbatore, sought 30 days’ ordinary leave to attend to his ailing mother and matters concerning partition of family property.

The Probation Officer recommended his request, but the second respondent rejected it on 30 July 2026, relying on a police report citing a threat to the petitioner’s life. The petitioner challenged that rejection under Article 226, seeking leave without escort. He had previously been on bail and had obtained suspension of sentence without misusing either liberty; he had also complied with conditions during an earlier one-day escorted leave.

The State maintained that the rejection was for the petitioner’s safety and submitted that he was entitled to 28 days, rather than the 30 days sought.

The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution.

The order does not identify or interpret a specific statutory provision, Prison Rule, or precedent governing ordinary leave. It refers to compliance with conditions prescribed in the Prison Manual as a direction applicable during leave, rather than setting out a substantive rule on eligibility.

The court’s stated basis for relief was its consideration of the case circumstances and the petitioner’s previous conduct while at liberty.

The court considered the rejection in light of the Probation Officer’s favourable recommendation, the petitioner’s stated family circumstances, and his prior compliance while on bail, during suspension of sentence, and during an earlier period of leave.

On those circumstances, it set aside the rejection rather than allowing the police report of a threat to the petitioner’s safety to stand as the basis for denying leave. It granted 28 days, consistent with the State’s submission that this was the period available, and imposed reporting and conduct conditions.

The petitioner must surrender to prison authorities when the leave expires, report to the fourth respondent police daily at 6:30 p.m., comply with the Prison Manual’s conditions, and use the leave only for the stated purpose. The writ petition was disposed of without costs.