Madras High Court
Criminal Procedure and EvidenceConstitutional Law

Ordinary leave was warranted after the prisoner’s brother undertook to house him.

Roosewelt vs The state of tamilnadu rep b

Madras High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
Ordinary leave was warranted after the prisoner’s brother undertook to house him.. Roosewelt vs The state of tamilnadu rep b. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a convict prisoner at Trichy Central Prison, sought 28 days’ ordinary leave. He was serving a sentence imposed in S.C. No. 107 of 2010, affirmed by the High Court in Crl.A. (MD) No. 310 of 2014, and had served approximately 11 years and 10 months.

Source reference: p. 2, para. 2

The Deputy Inspector General of Prisons rejected his request because the Probationary Officer had not recommended it, as no report had been received from the jurisdictional police.

Source reference: p. 2, para. 2

The petitioner stated that his younger brother, Vincent, was willing to accommodate him during leave and that he intended to sell property to settle loans.

Source reference: p. 3, para. 3

The State confirmed that the brother had offered accommodation.

Source reference: p. 4, para. 4
02

Issues

Whether the petitioner should be granted 28 days’ ordinary leave notwithstanding the rejection based on the absence of a jurisdictional police report and the Probationary Officer’s non-recommendation.

Source reference: p. 2, para. 2

Whether the leave should be subject to reporting and other safeguards.

Source reference: p. 5, para. 5
03

Law Applied

The Court exercised its jurisdiction under Article 226 of the Constitution, invoked in the petition’s prayer, to consider the challenge to the leave-rejection order.

Source reference: p. 1

The judgment does not cite any specific statutory provision, precedent, or particular Jail Manual rule governing ordinary leave.

Source reference: no citation

It directs compliance with conditions prescribed in the Jail Manual as a condition of the leave granted.

Source reference: p. 5, para. 5(v)
04

Reasoning

The Court considered that the petitioner had undergone more than 11 years and 10 months of his sentence and that the earlier difficulty in obtaining a favourable report arose because relatives had not responded to the Probationary Officer’s inquiries.

Source reference: pp. 3–5, paras. 3–5

In light of the brother’s undertaking to accommodate the petitioner during leave, the Court granted the requested leave, subject to reporting, conduct, and other safeguards.

Source reference: p. 5, para. 5
05

Holding

The Court allowed the writ petition and directed the respondents to grant the petitioner 28 days’ ordinary leave without escort.

During leave, he must report daily at 6:30 p.m. to the Inspector of Police, Arumanai Police Station; return to the second respondent when the leave ends; comply with Jail Manual conditions; avoid contact with the victim or the victim’s family; and use the leave only for the stated purpose.

Source reference: p. 5, paras. 5(ii)–(vii)

The police were directed to take steps to return him to prison if adverse information was reported.

Source reference: p. 5, para. 5

No costs were ordered.

Source reference: p. 5, para. 5
Madras High Court

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RooseweltvsThe state of tamilnadu rep b

Madras High Court · September 29, 2026

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