Madras High Court
Criminal LawConstitutional Law

Ordinary leave was granted without police escort, subject to reporting and non-contact conditions.

Jeyakodi vs The State of Tamil Nadu rep

Madras High CourtJUDGMENT: September 25, 20262 MIN READSOURCE JUDGMENT
Ordinary leave was granted without police escort, subject to reporting and non-contact conditions.. Jeyakodi vs The State of Tamil Nadu rep. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, the mother of life convict Selvaganapathy, sought 21 days’ ordinary leave for him without police escort.

Source reference: p. 1

She stated that her husband suffered from heart ailments and that her son’s presence was needed to arrange finances and take him to hospital.

Source reference: p. 1

The Deputy Inspector General of Prisons granted the leave but required a police escort by order dated 8 September 2026.

Source reference: p. 1

The petitioner challenged that condition under Article 226, stating she could not provide food and accommodation for the escort.

Source reference: pp. 1–3

The State submitted that the victim was studying at a college in Kumbakonam; the petitioner’s counsel stated that the prisoner undertook not to contact the victim or her family during leave.

Source reference: pp. 1–3
02

Issues

Whether the condition requiring a police escort during the prisoner’s 21 days of ordinary leave should be removed in the circumstances of the case.

Source reference: pp. 2–4

Whether leave without escort should be subject to safeguards, including reporting requirements and a restriction on contacting the victim or her family.

Source reference: p. 4
03

Law Applied

The Court identified no specific statutory provision, Jail Manual rule, or precedent as the basis for its decision. It exercised its jurisdiction under Article 226, as invoked in the petition, and directed compliance with the conditions prescribed in the Jail Manual during the leave period.

Source reference: pp. 1, 4

The decision applied a case-specific approach to the escort condition, taking account of the stated family medical circumstances and the prisoner’s undertaking not to contact the victim or her family.

Source reference: p. 4
04

Reasoning

The Court balanced the petitioner’s stated need for her son’s presence because of her husband’s heart ailments against the State’s concern, which it associated with the victim’s presence in Kumbakonam.

Source reference: pp. 3–4

It considered the prisoner’s undertaking not to contact the victim or her family sufficient, in the circumstances, to grant leave without escort. It imposed daily reporting to the fifth respondent and the other stated conditions as safeguards.

Source reference: pp. 3–4
05

Holding

The Court disposed of the writ petition and directed the respondents to grant Selvaganapathy 21 days’ ordinary leave without escort.

During leave, he must report daily to the fifth respondent at 6:30 p.m., return to the fourth respondent on completion of leave, comply with Jail Manual conditions, use the leave only for its stated purpose, and not contact the victim or her family.

Source reference: pp. 4–5

The petitioner must produce the necessary documents and a copy of the order before the prison authorities.

Source reference: pp. 4–5

No costs were awarded, and the connected miscellaneous petition was closed.

Source reference: pp. 4–5
Madras High Court

Original Court PDF

JeyakodivsThe State of Tamil Nadu rep

Madras High Court · September 25, 2026

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