Saveetha vs The Superintendent Of Prison on 8 April, 2026

    0
    31
    ADVERTISEMENT

    Madras High Court

    Saveetha vs The Superintendent Of Prison on 8 April, 2026

    Author: Anita Sumanth

    Bench: Anita Sumanth

                                                                                     H.C.P.No.2743 of 2025
                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                   RESERVED ON :       01.04.2026
    
                                                  PRONOUNCED ON :       08.04.2026
    
                                                            CORAM :
    
                                       THE HONOURABLE DR.JUSTICEANITA SUMANTH
                                                        and
                                       THE HONOURABLE MR.JUSTICE SUNDER MOHAN
    
                                                       H.C.P.No.2743 of 2025
    
                         Saveetha F/43
                         W/o. Muthu,
                         No.54, Kalaingar Colony,
                         Mayilduthurai Taluk & District.                             .. Petitioner
    
                                                                vs
    
                         1.The State of Tamil Nadu
                           Rep. by its Superintendent of Prison,
                           Central Prison, Cuddalore,
                           Cuddalore District.
    
                         2.The Inspector of Police,
                         Mayiladduthurai Police Station,
                         Mailaduthurai District.                                .. Respondents
    
                         Prayer : Petition filed under Article 226 of the Constitution of India
                         praying to issue a writ of habeas corpus directing the 1 st respondents
                         herein to produce the person of petitioner’s son namely Santhosh, S/o.
                         Muthu, PID No. 727002 aged 19 years, at present confined in Central
                         Prison, Cuddalore before this Court and set him at liberty.
    
                                      For Petitioner   :     Mr.P.Muthamizh Selvakumar
    
                                      For Respondents :      Mr.R.Muniyapparaj
                                                             Additional Public Prosecutor
                                                             assisted by
                         1/38
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                                        H.C.P.No.2743 of 2025
                                                               Mr.M.Sylvester John
    
                                                               Mr.E.V.Chandru
                                                               Advocate – Amicus Curiae
    
                                                              ORDER
    

    Dr. ANITA SUMANTH, J

    Background

    SPONSORED

    S.C.No.23 of 2023 had been filed as against 22 accused, for

    various charges levelled against them concerning an incident that had

    taken place on 17.08.2022 (date of occurrence). The petitioner is the

    mother of A4 (detenu) in the aforesaid case. The date of birth of the

    detenu is 13.03.2005 and as on 17.08.2022, the detenu was aged 17 years

    5 months and 3 days.

    2. Since he was a juvenile as on the date of occurrence, his case

    was referred to the Juvenile Justice Board, Nagapattinam (JJB/Board)

    under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ

    Act). The Board had conducted a preliminary assessment of the child

    under Section 15(1) of the JJ Act and passed an order on 18.11.2022

    holding that the detenu could be tried as an adult.

    3. The matter was thereafter taken up by the Protection of Children

    from Sexual Offences Act, Nagapattinam (Pocso Court/Children’s Court)

    in line with Section 18(1) of the JJ Act to re-look into the assessment of

    whether the detenu, a child in conflict with the law (CCL), was to be
    2/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    treated as an adult for the purposes of trial and, vide order dated

    09.06.2023 confirmed the opinion that CCL/A4 was to be tried as an

    adult.

    4. The order of the Board transferring the case records for trial as

    an adult before the Children’s Court, Nagapattinam was thus reiterated by

    the Children’s Court on 09.06.2023. Both orders have attained finality

    and have not been challenged by the detenu. As a consequence, the case

    was split up and the trial of the detenu was commenced in SSC.No.11 of

    2023, whereas the remaining accused were tried in Sessions case No.23

    of 2023.

    5. Somewhere along the way, there was a consolidation of both

    matters and ultimately the trial of the detenu was conducted along with

    the other adult accused culminating in judgment dated 31.10.2025,

    delivered by the District and Sessions Judge, Mayiladuthurai, wherein

    several accused, including A4 were found guilty under Sections 302,

    294(b) and 148 IPC.

    6. Since we are not concerned with the other accused in this matter,

    we do not elaborate on the convictions in their cases. We clarify and

    confirm that this HCP concerns only A4 and hence none of the

    observations herein relate to the other accused in SC.No.23 of 2023.

    7. The Sessions Court, Mayiladuthurai has not lost sight of the fact
    3/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    that the detenu was a CCL as on the date of occurrence, and, citing the

    decision of the Constitution Bench of this Court in N.Gowthaman @

    Babu v. The Government of Tamil Nadu represented by its Home

    Secretary Fort St.George, Chennai 600 009 and others1, holds the detenu

    entitled to the benefit of Sections 8, 10 and 10A of the Tamil Nadu

    Borstals Schools Act, 1925. The prison authorities were directed to lodge

    the detenu in the Borstal School till he attained the age of 21 years.

    8. The fact of the matter however, is that the Constitution Bench in

    N.Gowthaman @ Babu2 has suggested the repeal of the Tamil Nadu

    Borstals Schools Act, 1925. In such circumstances, the prison authorities

    have, for lack of any other place to send the detenu, lodged him in regular

    prison.

    Submissions of the Petitioner

    9. The grievance of the petitioner under this Habeas Corpus

    Petition is three-fold. Firstly, that the detenu had been compelled to face

    trial before the regular Court of Sessions, that the sentence imposed was

    illegal and contrary to the provisions of the JJ Act and thirdly, that the

    detenu, a CCL at the time of occurrence, had been deprived of the

    benefits and privileges available under the JJ Act and the Tamil Nadu

    1
    HCP.No.1441 of 2007 etc. batch dated 29.08.2016
    2
    Foot Note Supra (1)

    4/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    (Care and Protection of Children) Rules, 2016 (in short ‘Tamil Nadu

    Rules’), particularly the provisions/Rules relating to rehabilitation and

    social re-integration of a CCL alleged to have committed a heinous

    offence.

    10. Mr.Muthamizh Selvakumar, learned counsel appearing for the

    petitioner submits that the procedure followed by the Sessions Court in

    consolidating the trial and conducting a joint trial of the CCL with

    accused adults, is directly contrary to Section 18(3) of the JJ Act, that

    requires trial of a CCL to be conducted by the Children’s Court only.

    11. The sentenced imposed upon the CCL also denotes total non-

    application of mind, in that, as on date of the sentence, there were no

    Borstal Schools in the State of Tamil Nadu, hence necessitating the illegal

    detention of the detenu in the jail. It is, in the above circumstances that

    the present HCP has been filed. Learned counsel relies on the following

    cases:

    1.S.Madheswaran v. State of Tamil Nadu rep. by Secretary to
    Government, Home Department, Fort St.George, Chennai-9 and others3

    2.Dhanalakshmi v. The State of Tamil Nadu rep. by its Superintendent of
    Central Prison, Cuddalore, Cuddalore District and another4

    3.CCL ‘K’ v. The State (NCT of Delhi)5

    Submissions of the State

    3
    HCP.No.133 of 2012 dated 31.07.2012
    4
    HCP.No.2098 of 2023 dated 06.11.2023
    5
    Crl.Rev.P.No.436 of 2022 dated 03.03.2025
    5/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    12. Mr.Muniyapparaj, learned Additional Public Prosecutor

    appearing for the State and Inspector of Police, Mayiladuthurai Police

    Station/R1 and R2, raises a preliminary objection to the maintainability of

    this HCP. His objection is mainly that no appeal has been filed by the

    detenu as against judgment dated 31.10.2025 and hence no HCP would

    lie in such circumstances. He relies on the following decisions in support

    of his submissions.

    1.N.Gowthaman @ Babu v. The Government of Tamil Nadu represented
    by its Home Secretary Fort St.George, Chennai 600 009 and others6

    2.Dhanam v. State of Tamil Nadu represented by its S.C.Joint Secretary to
    Government Public (SC) Department Secretariat, Chennai 600 009 and
    others7

    3.Barun Chandra Thakur v. Master Bholu and another8

    Submissions of the Amicus

    13. Mr.E.V.Chandru, learned counsel who was appointed as

    Amicus Curiae to assist this Court, takes us in extenso through the

    scheme of the JJ Act and the Tamil Nadu Rules to set out the contours of

    protection afforded to a CCL. Elaborating on the amendment to Juvenile

    Justice Act after the judgment of Supreme Court in Nirbhaya’s case, he

    points out that the Juvenile Justice Act was also amended, to introduce

    specific provisions relating to the mode and manner of trial of offenders

    between the ages of 16 and 18.

    6
    HCP.No.1441 of 2007 etc. batch dated 29.08.2016
    7
    HCP.No.2399 of 2020 dated 08.10.2021
    8
    2022 LiveLaw (SC) 593
    6/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    14. Hence, an individual falling within the ages of 16 to 18, who

    allegedly commits an offence, is to be tried bearing in mind the special

    scheme set out under the JJ Act to provide for his/her trial, sentencing and

    reformation. The perspective with which the law addresses the juvenile

    between 16 and 18 years is thus different.

    15. On the question of maintainability of the plea for Habeas

    Corpus, learned counsel relies on the judgements in Willie (William)

    Slaney Vs. The State of Madhya Pradesh,9Pulukuri Kotayya v. King-

    Emperor10and State of Madhya Pradesh vs Bhooraji & Ors 11 for the

    proposition that every error or omission in trial will not vitiate the trial.

    He would urge that the Court thus assess whether the errors are illegal,

    which would have the consequence of vitiating the trial or whether they

    are mere irregularities, which would be curable, thus saving the

    proceedings.

    16. He concludes with a suggestion that a Writ of Habeas Corpus

    would lie only in the case of an illegal detention which is preventive by

    the State or an illegal detention by a private person and cannot, as in the

    present case, be used as an avenue to challenge a conviction and sentence

    returned by the Court of law.

    9
    (1955) 2 SCR 1140
    10
    (1947) LR 74 IA 65
    11
    2001 (7) SCC 679
    7/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    17. To sum up his submissions, while agreeing with the learned

    counsel for the petitioner that the trial and sentence, and the very

    approach of the Sessions Court is contrary to the provisions of the JJ Act,

    he would align with the State on the lack of maintainability of the Habeas

    Corpus Petition. He relies on the following decisions to buttress his

    arguments.

    (i) Janardan Reddy and others v. The State of Hyderabad and others12

    (ii) The Home Secretary (Prison) & Others v. H.Nilofeer Nisha13

    (iii) Rajkumar v. State through The Inspector of Police, Vadamadurai
    Police Station, Dindigul District.14

    (iv) Karan @ Fatiya v. The State of Madhya Pradesh15

    (v)State represented by Inspector of Police, Chennai v.
    N.S.Gnaneswaran16

    (vi) Lalita Kumari v. Government of U.P. and others17

    (vii) M/s.SCG Contracts India Pvt. Ltd. v. K.S.Chamankar Infrastructure
    Pvt. Ltd.
    and others18

    Discussion

    18. We have heard the rival contentions, perused the material

    papers and cases cited, and devoted our anxious consideration to the

    pleadings and the questions that arise therefrom. We have also had the

    benefit of the records of the case in S.C.No.23 of 2023 and Special Case

    212 of 2024 that we have called for from Mayiladuthurai and

    12
    1951 AIR 217 : 1951 SCR 344
    13
    Criminal Appeal No(s).144 of 2020 dated 23.01.2020
    14
    Crl.A(MD)No.106 of 2021 dated 06.01.2023
    15
    2023 LiveLaw (SC) 159
    16
    Criminal Appeal No.456 of 2008 dated 09.01.2013
    17
    Writ Petition (Criminal)No.68 of 2008 dated 12.11.2013
    18
    Civil Appeal No.1638 of 2019 dated 12.02.2019
    8/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    Nagapattinam respectively.

    19. The terms ‘Children’s Court’ and ‘Pocso Court’ connote the

    same Court, and hence, the terms ‘Children’s Court’ and ‘Pocso Court’

    wherever used in this order, have been used interchangeably.

    20. The admitted facts are that, on 20.11.2021, there was an

    incident which led the way to a wordy altercation, fist fight and

    thereafter, a fight with deadly weapons between two groups of persons. A

    case in Crime No.1837 of 2021 had been lodged and charges framed

    under Sections 147, 148, 341, 294(b), 323, 324, 307 and 506(ii) IPC read

    with various Sections of the Scheduled Casts and Scheduled Tribes

    (Prevention of Atrocities) Act, 1989.

    21. Matters did not stop there, and on 17.08.2022, the date of

    occurrence for the purposes of this matter, there were further attacks by

    members of one group on the other, leading to the death of one Kannan.

    A case was registered in Crime No.636 of 2022 for the offences under

    Sections 147, 148, 341, 294(b), 342, 324, 307, 302, 506(ii), 120B of IPC

    and 25(1B) of Arms Act, 1959.

    22. The detenu was arrayed as A4 in Crime No.636 of 2022. The

    Judicial Magistrate, Mayiladuthurai, on receipt of the case records, found

    that the matter was triable by the Court of Sessions and hence committed

    the case to the District and Sessions Court, Nagapattinam assigning the
    9/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    number as S.C.No.23 of 2023.

    23. Prior thereto, as A4 was a juvenile as on the date of occurrence,

    the matter had been referred to the Board for preliminary assessment of

    the age and maturity of the juvenile. The Board, vide order dated

    18.11.2022, found that the juvenile had the necessary maturity and

    capacity to be aware of the act committed by him, and the consequences

    thereof.

    24. The case was thereafter taken up by the Sessions Judge, Special

    Court for Pocso Act, Nagapattinam under Section 18(1) of the Act and

    Cr.M.P.No.181 of 2023 decided on 09.06.2023 reiterating the opinion of

    the Board under the JJ Act that A4, though a child in conflict with law,

    was to be tried as an adult as per the provisions of the Cr.PC.

    25. Applying the provisions of Section 18(3), the case records were

    transferred for trial before the Children’s Court and assigned the number,

    SSC No.11 of 2023. The final Report u/s 173 of Cr.P.C dated 23.09.2022

    is by the JJB Nagapattinam and there is an observation that the detenu is

    not in the juvenile home.

    26. The Annexure to the Final Report contains the school Transfer

    Certificate and photo of the detenu. The Report refers to SSC No.11 of

    2023, wherein the first date is 28.03.2023, and a total of 37 hearings were

    conducted before the Children’s Court spanning 28.03.2023 to
    10/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    08.07.2025. The dates are as follows: 28.03.2023, 12.04.2023,

    28.04.2023, 18.05.2023, 09.06.2023, 23.06.2023, 13.07.2023,

    02.08.2023, 08.08.2023, 07.09.2023, 21.09.2023, 10.10.2023,

    27.10.2023, 22.11.2023, 08.12.2023, 28.12.2023, 22.01.2024,

    08.02.2024, 26.02.2024, 12.03.2024, 01.04.2024, 22.04.2024,

    13.05.2024, 05.06.2024, 26.06.2024, 15.07.2024, 05.08.2024,

    29.08.2024, 25.09.2024, 30.09.2024, 24.10.2024, 16.12.2024,

    10.02.2025, 17.03.2025, 21.04.2025, 04.07.2025 and 08.07.2025.

    27. In the interim, vide docket sheet noting dated 30.09.2024, the

    Sessions Judge, Special Court under Pocso Act, Nagapattinam notes thus:

    Suo-Moto Hearing advanced today. Case is transferred to
    District Court, Mayiladuthurai for exclusive trial of cases
    under POCSO Act as per the proceedings of the District
    Judge Nagapattinam in A.No.224/2024 dated 26.09.2024.
    The accused is directed to appear before the Special Court

    Proceedings in A.No.224 of 2024 dated 26.09.2024 is not available

    in the records.

    28. Old SSC No.11 of 2023 was thus re-numbered as SSC NO.212

    of 2024 and transferred before the District and Sessions Judge

    Mayiladuthurai. The Docket order of aforesaid Court dated 24.10.2024

    reads thus:

    The District and Sessions Court, Mayiaduthurai has been
    bifurcated from the Principle District Court, Nagapattinam
    and started functioning with effect from 25.03.2023. On the
    11/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    point of territorial jurisdiction the Sessions Judge, Special
    Court under POCSO Act, Nagapattinam has transferred the
    cases to the District and Sessions Court, Mayiladuthurai vide
    letter in D.No.764/2024 dated 01.10.2024 and the same was
    taken on file new number assigned as Spl.S.C. 212/2024 and
    issue fresh accused summon for the hearing 16.12.2024. Send
    Court Notice to the concerned police and Defence counsel
    regarding the transfer of the case.

    29. The docket sheet notings of the District and Sessions Court,

    Mayiladuthurai that heard Spl.S.C.No 212/2024 on 16.12.2024,

    10.02.2025, 17.03.2025, 21.04.2025, 04.07.2025 and 08.07.2025 read

    thus:

    SPL.SC.No.212/2024

    Mayiladuthurai P.S.
    CCL
    Santhosh S/o Muthu (SC 23/23)C/W
    u/s. 120(B), 147, 148, 149, 341, 294(b), 342, 324, 307, 506(ii), 302 IPC,
    25(1)(b) of Arms Act
    Adv. Mr.Mahendran

    10.02.2025 LW1 to 3
    For appearance of Accused.

    (CCL) order
    Accused present. Mr.K.Mahendran Advocate filed continuation
    Memo for accused. Issue summon to LW1 to LW3 and case posted
    to 17.03.2025.

    17.03.2025 For Examination of LW1 to 3
    Accused absent. U/s.355 BNSS petition filed and allowed. Witness
    not produced. Issue summon to LW1 to 3 and case posted to
    21.4.25.

    21.4.25
    For Examination of LW1 to LW3
    Accused present. Witness not produced. Send Letter to S.P.
    regarding non production of witness at the stage of case is
    12/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    Examination of Witness and case posted to 4.07.2025.

    SPl. SC.212/2024
    Mayiladuthurai P.S.
    Santhosh S/o Muthu.

    4.7.2025
    For examination of LW1 to LW3.

    Accused present. Adj. to 8/7/25.

    8/7/25
    For examination of LW1 to LW3.

    This case is clubbed with its mother case in Spl.SC.23/2023.

    30. As per order dated 09.06.2023 in Crl.M.P.No.181 of 2023, trial

    was to be conducted in Special Case No.212 of 2024 to try A4/child in

    conflict with law as an adult, in terms of the benevolent provisions of the

    JJ Act. The trial in S.C.No.23 of 2023 thus ought to have been conducted

    separately in respect of the other accused who are adults.

    The twist in the tale

    31. On 08.07.2025, there is a docket order of the District and

    Sessions Court, Mayiladuthurai, that reads thus:

    A4 in the original case namely Santhosh son of Muthu is
    appeared today. His case was split up in SPL.SC 212/2024. As
    per the request of the learned counsel of the said accused and
    with concurrence of the learned public prosecutor the case
    against Santhosh in SPL.SC 212/2024 is clubbed with this
    case. In respect of the witness already examined the learned
    counsel adopted the cross examination of other accused. A6
    and A20 absent petition filed and allowed. A8, A18 and A19
    are in the Judicial Custody in another case. The learned
    counsel appearing for A8, A18 and A19 agreed to proceed
    with trial as he is defending their right. LW2 examined as
    13/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    PW3, LWS examined as PW4 and LW9 examined PW5, A1, A2,
    A3, A4, A5, A6 present. Issue summon to LW11 to 23. A9, 19,
    20 produced through VC. by 18.07.2025.

    32. Based on the above docket order which indicates that there was

    a request by the learned counsel for A4/detenu who wanted a joint trial of

    the detenu with the other accused, Special S.C.No.212 of 2024 was

    clubbed with S.C.No.23 of 2023 and a joint trial was conducted. In the

    judgment ultimately passed on 31.10.2025, the learned District and

    Sessions Judge, Mayiladuthurai refers to the process of clubbing at

    paragraph 17 in the following terms:

    17. Santhosh, S/o. Muthu, arrayed A4 in the mother case was
    treated as a juvenile and the case against him, was split up in
    SSC No.11/2023 on the file of Special Court. Under POCSO
    Act
    , Nagapattinam. The charges are framed against him U/s

    148. 341, 342, 294(b), 302 of IPC and 25(1B) of Arms Act and
    the case was transferred to this court on the point of territorial
    jurisdiction and as per order in CrlM.P No. 181/2023 dated
    09.06.2023 new number assigned as SSC.No.212/2024. Later
    the case of A4 clubbed with this parent’s case. Its details are
    given in the forthcoming paragraphs.

    33. In paragraph 17, extracted above, he refers to the order in

    Crl.M.P.No.181 of 2023 as the basis of transfer of the Juvenile’s case to

    the District and Sessions Court at Mayiladuthurai. It thus remains to be

    seen if this is correct, as, under order dated 18.06.2023, the Sessions

    Judge who was presiding over the Special Pocso Court in Nagapattinam

    had transferred the case records for trial before the Pocso Court only.

    14/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    Issues

    34.On the basis of the admitted facts as above, we frame the issues

    to be decided as (i) whether the habeas corpus petition is maintainable

    (ii) whether the assumption of jurisdiction by the District and Sessions

    Judge, Mayiladuthurai in Special Case 212 of 2024 by clubbing the case

    of the juvenile with other adult accused in S.C.No.23 of 2023,is right in

    law? (iii) If the answer to the second issue is in the affirmative, what is

    the consequence of the wrongful assumption of jurisdiction by the District

    and Sessions Court, Mayiladuthurai.

    Scheme of the JJ Act

    35. The Juvenile Justice Act was specifically enacted in 2015 for

    the care and protection of children. It was amended in 2021 to provide for

    a special mode of trial of a CCL between the ages of 16 and 18, as an

    adult, vide Act 23 of 2021, with effect from 01.09.2022 onwards, with

    various reformative and corrective measures as well. There are certain

    definitions that would be relevant for the purpose of this case.

    36. Under Section 2(12) a ‘child’ must be a person who has not

    completed 18 years of age. Under Section 2(13), a ‘child in conflict with

    law’ refers to a child alleged or found to have committed an offence, and

    who has not completed 18 years of age as on the date of commission of

    such offence.

    15/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    37. In order to determine whether the individual in question is a

    child for grant of the protection under the JJ Act, it is the age of the

    individual as on the date of occurrence, that is relevant. Applying the

    provisions of Section 2(12) and 2(13) of the JJA, the detenu, date of birth

    being 13.03.2005, was a ‘child in conflict with law’ as on the date of

    occurrence, hence entitled to the benefits under the JJ Act.

    38. Section 2(15) defining ‘child friendly’, means, behaviour,

    conduct, practice, process, attitude, environment or treatment that is

    humane, considerate and in the best interests of the child. Section 2(20)

    defines the Children’s Court, and means a Court established under the

    Commission for Protection of Child Rights Act, 2005 or a Special Court

    under the Protection of Children from Sexual Offences Act, 2012

    wherever existing, and where such Courts have not been designated,

    reference to the Court of Sessions having jurisdiction to try offences

    under the Pocso Act.

    39. Hence, a Children’s Court shall be a Special Court as

    constituted under the Pocso Act, or where such Court has not been

    constituted, the Court of Sessions in that particular District that has been

    designated to try offences related to the Pocso Act. In the event of a

    vacancy in the post of a Presiding Officer in the Special Court, it is the

    learned Sessions Judge who would hear the cases assigned to the Special
    16/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    Court, though in his/her capacity as the Sessions Judge presiding over the

    Children’s Court, and through the prism and protection of the JJ Act.

    40. If there is a Special Pocso Court, all the cases there, would, by

    design and default, be tried in line with the prescriptions under the JJ Act.

    However, if a regular Sessions Court is designated additionally as a Pocso

    Court, it is imperative that the learned Special Judge be conscious of the

    distinction between his role as a Sessions Judge on the one hand, and his

    role as Presiding Officer under the Pocso and JJ Acts on the other, as the

    approach, spirit and objects are unique, distinct and specific.

    41. While as regards the former, the law applied would be criminal

    law as applicable to adults, in the case of the latter, the approach of

    Judges would be different and distinct, as would be the manner in which

    the trial is conducted and the sentence imposed, having regard to the

    principles, prescriptions and object of the JJ Act.

    42. Section 2(33) defines a ‘heinous offence’ as being an offence

    for which minimum punishment under the Indian Penal Code or any other

    law for the time being in force, is imprisonment of 7 years.

    43. Section 3, falling under Chapter II, is the soul of the JJ Act and

    sets out various salutary principles involved in the care and protection of

    children. Those principles are,

    (i) presumption of innocence of any malafide or criminal intent,
    17/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    (ii) dignity and worth of the child

    (iii) participation of the child

    (iv) best interests of the child

    (v) family responsibility

    (vi) safety of the child

    (vii) Positive measures for promoting and providing an enabling

    environment to the child

    (viii) Use of non-stigmatising semantics

    (ix) non-waiver of rights

    (x) equality and non-discrimination on any grounds including sex,

    caste, ethnicity, place of birth, disability, and provision of equality of

    access, opportunity, and treatment shall be provided to every child

    (xi)Right to privacy and confidentiality

    (xii) Institutionalisation as a measure of last resort

    (xiii)Repatriation and restoration

    (xiv) Fresh start

    (xv)Diversion from judicial proceedings as far as possible

    (xvi) Natural justice.

    44. Thus, any proceeding that is carried out in regard to a CCL

    must always have, as a reference and backdrop, the above salutary

    measures in mind. In a manner of speaking, the Children’s Court
    18/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    assumes, in addition to the role of Presiding Officer, the role of Parens

    Patriae, to balance the delicate compulsions of both, imposing appropriate

    punishment, and reforming, the CCL.

    45. Under Section 4 of the JJ Act a Juvenile Justice Board is

    constituted which is tasked with making a preliminary enquiry and

    assessment in relation to the child produced before it, including the ability

    of the child to comprehend his actions and the consequences thereof.

    46. Since the offence that the detenu was convicted with in this

    case constitutes a heinous offence, a preliminary assessment would have

    to be made under Section 15 with regard to the mental and physical

    capacity of the child to commit the offence, ability to understand the

    consequence of the offence and the circumstances in which he allegedly

    committed the offence. Upon completion of the assessment, the Board

    was of the opinion that the detenu was competent, both to commit the

    offence, and to be aware of the consequences thereof.

    47. The proviso to Section 15(2) states that the order of the Board

    making the preliminary assessment can be appealed under Section 101(2)

    of the JJ Act. In the present case, the preliminary assessment has been

    accepted by the detenu.

    48. Under Section 18, once the Board is satisfied that a child has

    committed a petty offence or serious offence, or a child above the age of
    19/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    16 has committed a heinous offence, and based on the nature of offence

    and its assessment, the Board may either (i) allow the child to go home

    after advice/admonition, provide counselling either in a group or

    otherwise, (ii) order that the child perform community services, (iii) order

    the child or parents or the guardian of the child to pay fine, (iv) direct the

    child to be released on probation of good conduct and placed under the

    care of any parent, guardian or fit person, (v) direct the child to be

    released on probation of good conduct and placed under the care and

    supervision of any fit facility for a period of three years or (vi) direct the

    child to be sent to a special home for a period not exceeding three years

    for providing reformative services such as education, skill development,

    counselling, behaviour modification therapy, and psychiatric support and

    others.

    49. The proviso to Section 18 states that depending on the conduct

    and behaviour of the child, if the Board feels that, it would not be in the

    child’s interest, or in the interest of other children housed in the Special

    Home, the child may be sent to a place of safety.

    50. If the preliminary assessment made by the Board is that the

    juvenile may be tried as an adult, such assessment is subject to further

    confirmation by the Children’s Court under Section 19 of the JJ Act.

    Section 19 says that after such review, the Children’s Court may decide
    20/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    whether there is a need for trial of the child as an adult per the provisions

    of Cr.P.C. and pass orders considering the special needs of the child, the

    tenets of fair trial and maintaining a child friendly atmosphere.

    51. If the Children’s Court believes that there is no need for trial of

    the child as an adult, the Children’s Court may itself conduct enquiry

    assuming the role of the Juvenile Justice Board, passing orders in line

    with Section 18 and 19 of the JJ Act. Section 19(2) states that the final

    order passed by the Children’s Court shall include an individual care plan

    for the rehabilitation of child, including follow up by the probation officer

    or the District Child Protection Unit or a social worker.

    52. Section 19 (3) states that the Children’s Court shall ensure that

    the child who is found to be in conflict with law is sent to a place of

    safety till he attains the age of 21, and thereafter transferred to a jail

    ensuring continuance of reformative services such as education, skill

    development, and alternative therapy like counselling, behaviour

    modification therapy, and psychiatric support, if required. Section 19(4)

    states that periodic reports as per Section 19(4) shall be sent to the

    Children’s Court for proper follow-up.

    53. Section 21 is critical to the scheme of juvenile justice, and

    states that no child in conflict with the law, shall be sentenced to death, or

    for life imprisonment without the possibility of release, for any offence
    21/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    either under the provisions of the JJ Act, the IPC or any other law for the

    time being in force.

    54. This provision carves out an essential feature of juvenile

    justice, being the possibility of reformation and release. A sentence of

    punishment under criminal law is always subject to the possibility of

    release as an act of benevolence by the State/Government.

    55. The JJ Act, however, makes a marked departure from this

    position. Section 20 states that, where the child in conflict with the law

    attains the age of 21, but is yet to complete the term of stay, the

    Children’s Court shall have an evaluation of the child made by a

    competent person, such as the probation officer, District Child Protection

    Unit, social worker or by the Court itself, so as to determine whether the

    child has undergone reformative changes and can contribute usefully to

    the society.

    56. Under Section 20(2), the Children’s Court may then exercise

    the power of releasing the child on such conditions as it deems fit, which

    includes appointment of a monitoring authority for the remainder of the

    prescribed term of stay. Alternatively, the Children’s Court may, at its

    discretion, under Section 20(2)(ii) decide that the child may complete the

    remainder of his term in a jail. It is for this reason that Section 21

    contains the possibility and promise (at its discretion, and subject to
    22/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    conditions) of a Court-ordered release, hitherto unknown to Criminal

    Law.

    57. Hence, on a combined reading of Sections 20 and 21, it is

    possible for the Children’s Court even in the case of the commission of

    heinous offence by a child in conflict with the law, to release the child at

    the discretion of the Court and on the imposition of conditions deemed fit

    by the Court.

    58. Another of the statutory mandates of the JJ Act is under Section

    23 which states that, notwithstanding anything contained in Section 223

    of the Cr.P.C or in any other law for the time being in force, there shall be

    no joint proceedings of a child alleged to be in conflict with law, with an

    adult. Section 23(2) states that, if during the inquiry by the Board or by

    the Children’s Court, the person alleged to be in conflict with law is

    found not to be a child, such person shall not be tried along with a child.

    This is an absolute bar, in light of which an individual determined to be a

    child cannot be tried jointly with an adult.

    59. The Tamil Nadu Juvenile Justice (Care and Protection of

    Children) Rules, 2017, in exercise of power conferred under Section 110

    (1) of the JJ Act carries forward the beneficial provisions set out under

    the JJ Act to the Rules as well. We extract Rule 15, which sets out the

    procedure in relation to the Children’s Court and the monitoring
    23/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    authorities:

    15. Procedure in relation to Children’s court and
    Monitoring Authorities.-

    (1) Upon receipt of preliminary assessment from the
    Board the Children’s court may decide whether there is need
    for trial of the child as an adult or as a child and pass
    appropriate orders.

    ………..

    (8) Where the Children’s court decides that there is a
    need for trial of the child as an adult,-

    (i) It shall follow the procedure prescribed by the Code
    of Criminal Procedure
    , 1973 (Central Act 2 of 1974) of trial
    by sessions and maintaining a child friendly atmosphere.

    (ii) The final order passed by the Children’s court shall
    necessarily include an individual care plan for the child as per
    Form V prepared by a probation officer or Child Welfare
    Officer or recognized voluntary organisation on the basis of
    interaction with the child and his family, where possible;

    (iii) Where the child has been found to be involved in
    the offence, the child may be sent to a place of safety till the
    age of twenty-one years;

    (iv) While the child remains at the place of safety, there
    shall be yearly review by the probation officer or the District
    Child Protection Unit or a social worker in Form IX to
    evaluate the progress of the child and the reports shall be
    forwarded to the Children’s court;

    (v) The Children’s court may also direct the child to be
    produced before it periodically and at least once every three
    months for the purpose of assessing the progress made by the
    child and the facilities provided by the institution for the
    implementation of the individual care plan;

    (vi) When the child attains the age of twenty-one years
    and is yet to complete the term of stay, the Children’s court
    shall,-

    (a) interact with the child in order to evaluate whether
    the child has undergone reformative changes and if the child
    can be a contributing member of the society.

    (b) take into account the periodic reports of the
    progress of the child, prepared by the probation officer or the
    District Child Protection Unit or a social worker, if needed
    24/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    and further direct that institutional mechanism if inadequate
    be strengthened.

    (c) After making the evaluation, the Children’s court
    may decide to,-

    (ca) release the child forthwith;

    (cb) release the child on execution of a personal bond
    with or without sureties for good behaviour;

    (cc) release the child and issue directions regarding
    education, vocational training, apprenticeship, employment,
    counselling and other therapeutic interventions with a view to
    promoting adaptive and positive behaviour etc.;

    (cd) release the child and appoint a monitoring
    authority for the remainder of the prescribed term of stay. The
    monitoring authority, where appointed shall maintain a
    Rehabilitation Card for the child in Form X.
    ……………

    60. We have set out above the scheme under the JJ Act and Tamil

    Nadu Rules in regard to treatment of a CCL who is tried as an adult.

    Admittedly, the detenu was a CCL at the time of occurrence and the

    relevant date to determine the treatment accorded to him is the date of

    occurrence which is 17.08.2022. Bearing in mind the above scheme, we

    now address the first issue relating to the assumption of jurisdiction of the

    District and Sessions Judge, Mayiladuthurai in the trial of the detenu, that

    too after clubbing the detenu’s case in SPL SC.No.212/2024 with the case

    of the adult accused in S.C.No.23/2003.

    61. We have seen that both the Board and the Special Judge,

    Children’s Court, Nagapattinam had ordered the CCL to be tried as an

    adult applying the provisions of the Cr PC tempered with the provisions

    25/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    of the JJ Act and TN Rules. The District and Sessions Judge however,

    under docket order dated 08.07.2025, has clubbed the two trials,

    conducting a joint trial of Special SC.No.212 of 2024 along with

    S.C.No.23 of 2023. His justification for the clubbing, is that a request had

    been so made by the counsel for A4. This has been reiterated by learned

    Additional Public Prosecutor as well.

    62. This argument flies in the face of Section 23 read with Section

    3(ix) of the JJ Act. Section 23, as we have earlier noted, places a

    categoric embargo against a juvenile being tried along with an adult. This

    is a gross error in law. Moreover, the condition of separate trials is not

    liable to be waived, as per Section 3(ix) which stipulates a specific

    Principle to that effect. The Principle reads:

    3. General Principles to be followed in administration of
    Act.- The Central Government, the State Governments, the
    Board, the Committee or other agencies, as the case may be,
    while implementing the provisions of the Act shall be guided
    by the following fundamental principles, namely:- (ix)
    Principle of non-waiver of rights: No waiver of any of the
    right of the child is permissible or valid, whether sought by
    the child or person acting on behalf of the child, or a Board
    or a committee and any non-exercise of a fundamental right
    shall not amount to a waiver.

    63. The Right under Section 23 to an independent and separate

    trial, conducted in line with the stipulations under the JJ Act is thus an

    indefeasible one, and one that cannot be waived even by the juvenile

    26/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    himself/herself, which is the reason assigned by the learned District and

    Sessions Judge, Mayiladuthurai for clubbing of the case.

    64. We thus hold that the jurisdiction assumed by the District and

    Sessions Court Mayiladuthurai, in consolidating the Special case of the

    juvenile with the Sessions case of the other adult accused, and conducting

    a joint trial of the two cases, is utterly bad in law, and vitiates the

    proceedings in entirety. We answer issue No. 1 accordingly.

    65. We now examine the consequences of the wrongful assumption

    of jurisdiction. The detenu has, with the conduct of joint trial in the

    Sessions Court, been deprived of, and denied all the salutary features

    under the JJ Act and TN Rules. We start with the beneficial presumptions

    under Section 3.

    66. A critical distinction in approach, between general criminal law

    and criminal law as applicable to a juvenile, is the presumption of

    innocence with no malafide or criminal intent. While under general law

    too, an accused is presumed to be innocent until proved guilty, this is

    reiterated with more force in the case of a CCL. Hence, the burden cast

    upon the prosecution would have been that much stronger. Unfortunately,

    this preferential treatment that ought to have been extended to the detenu

    was given a go-by by the Sessions Court.

    67. In this case, both the JJB and Children’s Court have held that
    27/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    the detenu was to be tried as an adult. Section 19 vests vast, and

    munificent powers on the Children’s Court to extend a range of measures

    including punishment of different kinds, at its discretion, and imposing

    such conditions as it thinks fit. By conducting a joint trial and not

    following the mandate of the JJ Act, the detenu has been denied these

    recourses.

    68. Sections 20 and 21 of the Act enable the Presiding Officer of

    the Children’s Court to consider release of the juvenile at his discretion.

    This benefit too, has been lost.

    69. In summation, and to answer issue No.2, the consequence of

    the illegal assumption of jurisdiction is that the detenu has been treated

    not as a CCL but as an adult for the purpose of the criminal trial sans the

    statutorily available benefits. Though the juvenile in certain cases is tried

    ‘as an adult’, such a trial is to be set in the context of the JJ Act and Tamil

    Nadu Rules. The detenu has lost the benefit of all the beneficial

    presumptions and general principles set out under Section 3 for the

    administration of the JJ Act, and has also been denied the benefit of the

    orders that could have been passed under Section 19(2) of the JJ Act

    including the benefit of rehabilitational efforts and support, such as

    counselling, behavioural modification therapy, psychiatric support and

    child friendly treatment.

    28/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    70. Most importantly, the detenu has been denied the benefit of

    Section 21 of the JJ Act, for early release at the discretion of the

    Children’s Court. These denials assume very serious consequences of

    violation of statutory rights of the child, as protected under the JJ Act.

    Issue No.2 is answered as aforesaid.

    71. We address the issue of maintainability last. The relevant dates

    are as follows. The date of birth of the detenu is 13.03.2005. The date of

    incident is 17.08.2022, on which date, he was 17 years 5 months and 3

    days. He became an adult at the age of 18 on 13.03.2023. The date of

    sentence is 09.06.2023, and in total effacement of the provisions of the JJ

    Act, the detenu has been kept in regular jail from the date of sentence,

    i.e., from 09.06.2023 till date.

    72. In light of our conclusions on issue Nos. 1 and 2 above, the

    detention of the detenu between 09.06.2023 when he was 18 years and 3

    months till date, even if in a different wing having young offenders, is

    nothing if not illegal.

    73. Mr.Muniyapparaj has argued that the conduct of the trial by the

    Sessions Court constitutes an irregularity, not fatal to the proceedings. In

    Janardan Reddy and others19, a Constitution Bench of the Supreme Court

    was concerned with the basic difference between want of jurisdiction and
    19
    Foot Note Supra (12)

    29/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    illegal or irregular exercise of jurisdiction.

    74. That too was a case where the prayer was for Habeas Corpus,

    on the ground that the detention of the petitioner was illegal, on the

    ground of misjoinder of charges. After considering a series of judgments,

    the Court states as follows:

    ‘The trend of decisions thus seems to be in favour of the view
    that if it should appear on the face of the return that a person
    is in detention in execution of a sentence on indictment on a
    criminal charge, that would be a sufficient answer to an
    application for a writ of habeas corpus. Assuming, however,
    that it is open even in such cases to investigate the question of
    jurisdiction, as was held in In re Anthers it appears to us that
    the learned judges who decided that case went too far in
    holding that notwithstanding the fact that the conviction and
    sentence had been upheld on appeal by a court of competent
    jurisdiction, the mere fact that the trial court had acted
    without jurisdiction would justify interference, treating the
    appellate order also as a nullity. Evidently, the appellate court
    in a case which properly comes before it on appeal, is fully
    competent to decide whether the trial was with or without
    jurisdiction, and it has jurisdiction to decide the matter rightly
    as well as wrongly. If it affirms the conviction and thereby
    decides wrongly that the trial court had the jurisdiction to try
    and convict, it cannot be said to have acted without
    jurisdiction, and its order cannot be treated as a nullity. It is
    true that there is no such thing as the principle of constructive
    res judicata in a criminal case, but there is such a principle as
    finality of judgments, which applies to criminal as well as civil
    cases and is implicit in every system, wherein provisions are to
    be found for correcting errors in appeal or in revision. Section
    430
    , Criminal Procedure Code, and section 355 of the
    Hyderabad Criminal Procedure Code, have given express
    recognition to this principle of finality by providing that
    “Judgments and orders passed by an Appellate Court upon
    appeal shall be final, except in cases provided for in section
    417 and Chapter XXXII.’
    30/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    75. The argument of the State is that till such time conviction dated

    31.10.2005 is set aside in a manner known to law, the detention cannot be

    said to be illegal. There are two aspects to the matter. Firstly, we have to

    appreciate the nature of error and make a distinction between whether the

    error amounts to an irregularity, curable in law, or an illegality that would

    go to the root of the matter and vitiate all proceedings.

    76. In Janardhan Reddy’s20 case there was a misjoinder of charges

    that, under Section 460/464 of the Cr.P.C, is an irregularity that would not

    vitiate the trial or the assumption of jurisdiction. It is on this account that

    the conviction in that case (Janardan Reddy and others) was confirmed,

    notwithstanding the error in misjoinder of charges.

    77. However, the errors as we have found in the present case, are

    grave as they vitiate the statutory scheme of the JJ Act, and go to the root

    of the matter. We have gone through the entire scheme of the JJ Act and

    have pointed out various instances where the statutory provisions of the

    JJ Act have been violated, ignored and given a go-by.

    78. At the risk of repetition, we may say that Section 23

    specifically mandating an individual trial, and making it clear that no

    joint trial with adults is to be conducted, has been violated, Sections 19,

    20 and 21 which provide for method and mode of sentencing of a CCL
    20
    Foot Note
    Supra (12)
    31/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    have been ignored, and the detenu has been kept in regular jail contrary to

    the express stipulation, object and purpose of the JJ Act. These are errors

    which, in our considered view, will not constitute mere irregularities but

    illegalities that would vitiate the trial and sentence.

    79. We draw support from a judgment of the Division Bench of this

    Court in S.Madheswaran21. This very issue came to be considered in that

    matter and after noticing the decision in Suresh @ D.Sureshkumar V. The

    Inspector of Police and others22 and several other cases, the Court

    concluded that the question of juvenility can be raised at any time, even

    after disposal of the case.

    80. There were instances where the plea of juvenility had been

    established even after the conviction had been upheld by Supreme Court.

    We thus conclude that this Habeas Corpus Petition is maintainable.

    Conclusion

    81. We now address the consequence of our decision, that the plea

    of Habeas Corpus is maintainable for want of jurisdiction and illegalities

    committed by the learned District and Sessions Court, Mayiladuthurai.

    The sequitur is that the trial is vitiated, and consequently, the finding of

    guilt and sentence are liable to be set aside. In the interests of justice, we

    21
    Foot Note Supra (3)
    22
    CDJ 2012 MHC 3086

    32/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    are inclined, however, to remand the matter to the Children’s Court for

    retrial. We also direct, in the facts of this case, that the evidence recorded

    in S.C.No.23 of 2023 shall be deemed to have been recorded by the

    Children’s Court.

    82. In such a circumstance, we pass the following order:

    (i) The authorities are directed to transfer forthwith the case files

    including the evidence recorded to the Presiding Officer of the Children’s

    Court, Mayiladuthurai. In other words, the evidence recorded in

    S.C.No.23 of 2023 insofar as it relates to A4/detenu, shall be placed along

    with Special S.C.No.212 of 2024 before the Presiding Officer of the

    Children’s Court at Mayiladuthurai, forthwith.

    (ii) The above Children’s Court shall take up the matter

    immediately and decide the same in priority, in light of the provisions of

    the JJ Act, including specifically Sections 3, 19, 20, and 21 thereof. The

    Court shall permit the prosecution and the defence to adduce additional

    evidence, if required, (including recall of witnesses for further

    examination or cross examination), hear the detenu, the State or any other

    party that the Court deems necessary, and pass orders afresh in relation to

    the charges laid as against A4/detenu.

    (iii) The above exercise shall be completed within a period of six

    (6) months from date of uploading of this order on the website of this
    33/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    Court.

    83. With our conclusion that the detention has been illegal since

    09.06.2023, there is no further justification for the continued retention of

    the detenu in jail. In light of our directions in the paragraph supra, we

    direct the release of the detenu, Santhosh, S/o. Muthu, PID No. 727002

    aged 19 years, presently confined in Central Prison, Cuddalore on bail on

    the following conditions:

    i. The detenu shall execute a bond for a sum of Rs.10,000/-

    (Rupees Ten Thousand only), with two sureties each for a

    like sum to the satisfaction of the District and Sessions

    Judge, Mayiladuthurai;

    ii. The detenu and the sureties shall affix their photographs and

    Left Thumb Impression in the surety bonds;

    iii. The detenu shall appear before the Inspector of Police,

    Mayiladuthurai Police Station on every Monday at 10.30

    a.m;

    iv. The detenu shall not abscond or tamper with the evidence or

    witness either during investigation or trial;

    v. If there is a breach of any of the aforementioned conditions,

    the Trial Court is entitled to take appropriate action against

    the detenu in accordance with law, as if the conditions have
    34/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    been imposed and the detenu released on bail by the learned

    Magistrate/Trial Court himself, as laid down by the Hon’ble

    Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR

    SCW 5560] and;

    vi. If the detenu thereafter absconds, a fresh FIR shall be

    registered under Section 229-A IPC.

    84. The discussion in the paragraphs supra leading to our

    conclusion that the confinement of the detenu was illegal, reveals a lack

    of appreciation of the provisions and operation of the JJ Act by the

    learned District and Sessions Judge, Mayiladuthurai. In order to prevent

    the recurrence of such an instance, we direct the Registry to forward a

    copy of this order to the officer concerned, District and Sessions Judge,

    Mayiladuthurai forthwith.

    85. In light of our conclusion that the detention of the detenu from

    09.06.2023 till date is illegal, he is liable to be compensated for the same.

    The detention of the detenu has been held to be illegal on account of

    various irregularities in the conduct of trial. That apart, i) the learned

    Judge has on 31.10.2025 directed the detenu to be placed in Borstal

    School oblivious of the decision of the Constitution Bench in the case of

    N.Gowthaman @ Babu23 and the Tamil Nadu Borstal Schools (Repeal)
    23
    Foot Note
    Supra (1)

    35/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    Act, 2025, gazetted by the Government on 22.01.2025.

    86. In light of the aforesaid G.O. doing away with the system of

    Borstal Schools the State has placed the detenu in regular jail without

    even seeking a clarification from the learned District and Sessions Judge,

    Mayiladuthurai as to the proper course of action to be adopted. This is

    what has led to the illegal detention of the detenu. The Respondents shall

    accordingly deposit an amount of Rs.1,00,000/- (Rupees one lakh only) to

    the credit of his bank account within two weeks from today and file proof

    of compliance thereof.

    87. We place on record our appreciation for the learned Amicus

    Curiae Mr.E.V.Chandru in this matter. This Habeas Corpus Petition is

    disposed in terms of this order.

                                                                          [A.S.M, J.]          [S.M, J.]
                                                                                08.04.2026
                         sl
                         Index:Yes/No
                         Speaking order/Non-speaking order
                         Neutral Citation:Yes/No
    
    

    Note: Registry is directed to issue a copy of this order today.

    36/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025
    To

    1.The Superintendent of Prison,
    Central Prison, Cuddalore,
    Cuddalore District.

    2.The Inspector of Police,
    Mayiladduthurai Police Station,
    Mailaduthurai District.

    3.The Superintendent of Prison,
    Central Prison, Cuddalore.

    4.The Public Prosecutor,
    High Court, Madras.

    5. The District and Sessions Judge, Mayiladuthurai.

    6. The Registrar, District Judiciary, High Court, Madras.

    6. 5. t

    37/38

    https://www.mhc.tn.gov.in/judis
    H.C.P.No.2743 of 2025

    DR. ANITA SUMANTH,J.

    and
    SUNDER MOHAN,J.

    sl

    7

    H.C.P.No.2743 of 2025

    08.04.2026

    38/38

    https://www.mhc.tn.gov.in/judis

    [ad_1]

    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here