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Madras High CourtCRL OP/9302/2026disposed of

Perarasu v. State Represented By, The Inspector Of Police,

2026-06-03Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Perarasu S/o.Parthiban, No.24, Texttool Layout, 2nd Street, Singanallur, Coimbatore District.

..Petitioner Vs State Represented by, The Inspector of Police, Singanallur Police Station, Coimbatore District.

Crime No.82 of 2024 ..Respondent To set aside the order dated 23.02.2026 made in Crl.M.P.No.5090 of 2025 in Crl.A.No.408 of 2025, on the file of Sessions Judge, Mahila Court/Additional Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, and to enlarge the petitioner on bail. For Petitioner :

Mr.R.Rajadurai For Respondent :

Mr.A.Amarnath, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner/juvenile was convicted by the court of Juvenile Justice Board in J.C.No.87 of 2024, by judgment dated 26.11.2025, and sentenced him to undergo three years' imprisonment for the offence under Section 18(1)(g) of

the Juvenile Justice Act. Aggrieved against the said conviction and sentence, the petitioner preferred Criminal Appeal No.408 of 2025 before the Sessions Court in and filed C.M.P.No.5090 of 2025 seeking suspension of sentence.

2. The learned Session Judge, without adverting to the grounds raised by the petitioner and without considering the merits of the suspension petition, dismissed the same and directed that the juvenile be kept in the Government place of safety, with education, skill development, counselling for behavioural changes, and mental development.

3. Challenging the said order, the present Criminal Original Petition has been filed.

4. The learned counsel for the Government submitted that the petitioner is a juvenile and that the occurrence arose when the deceased teased the petitioner's sister. A wordy quarrel ensued, during which the petitioner assaulted the deceased on his neck, resulting in his death. The occurrence took place in bright daylight in public view, and hence, opposed the suspension of sentence.

5. The learned counsel for the petitioner submitted that the petitioner, who is aged about 18 years, is inclined to pursue higher education, and that the

deceased and the petitioner were studied in the same school. Taking advantage of this relationship, the deceased had shown some interest in the sister of the petitioner, which led to unfortunate incident.

6. Considering the above case and the petitioner has been confined since 26.11.2025 and is now desirous of continuing his higher education, this court is inclined to suspend the sentence till the disposal of Crl.A.No.408 of 2025 on the file of the lower appellate Court. Accordingly, the Substantive Sentence of Imprisonment imposed on the petitioner by Board of Juvenile Justice in J.C.No.87 of 2024 is suspended till the disposal of Crl.A.No.408 of 2025 on the file of the lower appellate Court and he is ordered to be enlarged on bail, on condition that he shall execute a bond for a sum of Rs.5,000/- (Rupees five thousand only) with two sureties, each for a likesum to the satisfaction of the lower appellate Court.

7. Further, the petitioner shall appear before the Juvenile Justice Board, Coimbatore, on the second Monday at 10.30 a.m. once in three months till the disposal of Crl.A.No.408 of 2025. If he is not able to appear before the Juvenile Justice Board, Coimbatore on that day, he shall make arrangement to file an application and shall appear on any other day in lieu of the date of his absence as directed by the Juvenile Justice Board, Coimbatore.

8. In the result, this Criminal Original Petition is allowed and the impugned order dated 23.02.2026 in Crl.M.P.No.5090 of 2025 in Crl.A.No.408 of 2025 passed by the learned Sessions Judge, Mahila Court/Additional Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, is set aside. 03-06-2026 nl Index: Yes/No Speaking/Non-speaking order

To 1.The Inspector of Police, Singanallur Police Station, Coimbatore District.

2. The Sessions Judge, Mahila Court/Additional Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore,

3. The Juvenile Justice Board, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

nl 03-06-2026