Ordinary leave may be granted without police escort subject to conditions protecting the victim.

The petitioner, Jeba, sought 21 days’ ordinary leave for her father, convict prisoner Kanagaraj, so he could assist with redeeming pledged jewellery in connection with her arranged marriage.

The authorities granted leave by order dated 17 September 2026, but required him to be accompanied by a police escort. The petitioner challenged that condition, stating that she could not provide food and accommodation for the escort.

The prisoner undertook not to contact the victim or her family and not to enter the jurisdiction of Ambilikai Police Station, where the victim resided.

The State submitted that the escort condition had been imposed because the victim lived nearby.

Whether the condition requiring the prisoner to take ordinary leave with a police escort should be set aside and leave granted without escort.

Whether safeguards should be imposed during the leave period, including restrictions on contact with the victim and reporting requirements.

The Court cited no specific statute or general legal test governing ordinary leave. It relied on the circumstances of the case and the prisoner’s undertaking in deciding whether leave could be granted without escort.

It also directed that the prisoner comply with the conditions prescribed in the Jail Manual.

The Court recorded the State’s submission that, following directions in M. Mariaselvam v. State of Tamil Nadu and Others, W.P. (MD) No. 27789 of 2023, dated 20 December 2023, prison authorities were not insisting on stringent surety conditions.

The Court considered the stated need for the prisoner’s presence in connection with his daughter’s arranged marriage and her need to redeem pledged jewellery. It also considered his undertaking not to contact the victim or her family and not to enter the area where the victim resided.

In light of those circumstances, the Court found that leave without escort was appropriate, while imposing daily reporting, a return-to-prison requirement, compliance with Jail Manual conditions, and restrictions protecting the victim.

During leave, he must report daily to the fourth respondent at 6:30 p.m., return to the second respondent on expiry of leave, comply with the Jail Manual, use the leave only for its stated purpose, avoid contact with the victim or her family, and not enter the jurisdiction of Ambilikai Police Station.

The petitioner must submit the necessary documents and a copy of the order to the prison authorities.

No costs were awarded.