Madras High Court
David Inbaraj vs The Superintendent Of Prisons on 13 October, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P.(Crl.) No.1051 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(Crl.) No.1051 of 2025
David Inbaraj,
aged 45 years
PID No.485763
S/o Rathinam,
CentralP rison-I, Puzhal,
Chennai - 600 066 ... Petitioner
-vs-
The Superintendent of Prisons,
Central Prison-I,
Puzhal,
Chennai - 600 066 ... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus to direct the respondent No.1 to
grant emergency leave by without escort instead of with escort which was
granted by the respondent to the petitioner, namely, David Inbaraj, S/o
Rathinam, aged about 45 years, PID No.485763, Convict Prisoner, central
Prison, Puzhal, Chennai.
1/5
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W.P.(Crl.) No.1051 of 2025
For Petitioner : Ms.S.Nadhiya
For Respondent : Mr.A.Gokulakrishnan
Addl. Public Prosecutor
ORDER
(The order of the Court was made by J.Nisha Banu,J.)
This Writ Petition has been filed to issue a Writ of Mandamus to
direct the respondent to grant emergency leave without escort instead of
with escort which was granted by the respondent to the petitioner, namely,
David Inbaraj, S/o Rathinam, aged about 45 years, PID No.485763, Convict
Prisoner, Central Prison, Puzhal, Chennai.
2. It is the case of the petitioner that he was arrested by the
Tambaram Police in respect of Crime No.772/2013 and convicted and
sentenced to undergo 10 years rigorous imprisonment for the offence under
section 363 of IPC and under section 4 of POCSO Act vide judgment dated
19.11.2014 in Spl.Case.No.10 of 2014 by the Mahila Court, Chengalpettu.
He would further state that he had undergone more than 3 years of
imprisonment. His wife, Usha Sharma had been hospitalized and his
presence is required to take care of her for her advanced medical treatment.
He made an application before the respondent on 05.07.025 to grant six
days emergency leave without escort but he was granted six days
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emergency leave with escort, by the respondent. He belongs to a poor
family and residing in a rental house. He has to make arrangements for his
wife's medical treatment. Earlier, he availed 21 days ordinary leave without
escort and returned without any adverse report. Hence, he would pray to
grant six days emergency leave without escort.
3. Learned Additional Public Prosecutor has also stated that
earlier, he was granted 21 days ordinary leave without escort and returned
without any adverse report.
4. Considering the fact that the convict is inside prison for
more than three years and that he has to arrange funds for treatment of his
ailing wife, we are inclined to grant 6 days emergency leave without escort.
5. Accordingly, we direct the respondent to grant emergency
leave to the petitioner, namely, David Inbaraj, S/o Rathinam, PID
No.485763, confined in the Central Prison, Puzhal Chennai, for a period of
6 days from 15.10.2025 to 21.10.2025 (by excluding the day on which the
Convict is released from the prison) without escort, subject to the usual /
other conditions that may be imposed by the respondents. The petitioner
shall report before the jurisdictional Police i.e. Inspector of Police,
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Kothanur Police Station, Bangalore, Karnataka, daily at 10.00 a.m. The
petitioner shall return back to the prison on or before 05.00 p.m. on
21.10.2025.
6. This Writ Petition is disposed of accordingly. No costs.
(J.N.B.J.,) (S.S,J.,)
13.10.2025
vsi
Note: Issue order copy on 14.10.2025
To
1.The Superintendent of Prisons,
Central Prison-I,
Puzhal,
Chennai - 600 066
2. The Public Prosecutor,
High Court, Chennai.
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J.NISHA BANU, J.
AND
S.SOUNTHAR, J.
vsi
13.10.2025
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