Facts
The petitioner, the mother of life convict Selvaganapathy, sought 21 days’ ordinary leave for him without police escort.
Source reference: p. 1She 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. 1The Deputy Inspector General of Prisons granted the leave but required a police escort by order dated 8 September 2026.
Source reference: p. 1The petitioner challenged that condition under Article 226, stating she could not provide food and accommodation for the escort.
Source reference: pp. 1–3The 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. 1–3Issues
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. 2–4Whether leave without escort should be subject to safeguards, including reporting requirements and a restriction on contacting the victim or her family.
Source reference: p. 4Law 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, 4The 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. 4Reasoning
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. 3–4It 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. 3–4Holding
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. 4–5The petitioner must produce the necessary documents and a copy of the order before the prison authorities.
Source reference: pp. 4–5No costs were awarded, and the connected miscellaneous petition was closed.
Source reference: pp. 4–5Original Court PDF
JeyakodivsThe State of Tamil Nadu rep
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