The State Of Tamilnadu Rep.By, v. Saveetha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN AND HCP NO. 2743 OF 2025
1. The State of Tamilnadu rep.by, Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.
2. The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District.
..Petitioner(s) Vs Saveetha W/o.Muthu, No.54, Kalaingar Colony, Mayilduthurai Taluk and District.
..Respondent(s) Prayer:
Criminal Miscellaneous Petition filed under Section 528 of BNSS to modify the paragraph No.85 to 86 about the compensation and to modified "the respondent shall respondents to deposit a sum of Rs.1,00,000/- (Rupees One lakh only) to the credit of the detenu's bank account within two weeks
from today and file proof of compliance thereof" as without any deposit of amount of Rs.1,00,000/- (One lakhs only) in HCP No.2743/2025 order dated 08.04.2026.
For Petitioner(s):
Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John For Respondent(s):
Mr.P.Muthamizhselvakumar
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.) This is a petition seeking modification of the condition imposed under order dated 08.04.2026 for deposit of a sum of Rs.1.00 lakh to the detenu's bank account within the time fixed under that order.
2. The reference to 'date of sentence' in paragraph 71 shall read as '31.10.2025', instead of '09.06.2023 '. The reference to 'detention of the detenu between 09.06.2023 when he was 18 years and 3 months' in paragraph 72 shall read as '31.10.2025, when he was 20 years and 7 months' instead of '09.06.2023 when he was 18 years and 3 months'.
3. The main grievance of Mr.Muniyapparaj, learned Additional Public Prosecutor appearing for the petitioners/State is that the petitioners have only complied with the order of the District and Sessions Court, Mayiladuthurai and hence they should not be taken to task in that regard. He does not, however, dispute the fact that the detenu was, as on 31.10.2025 when he was convicted,
not yet 21 years of age and accordingly, he was a 'child' as on the date of occurrence. However, according to him, a mention had been made before the District and Sessions Court, Mayiladuthurai seeking clarification in regard to the direction for placing the detenu in Borstal School but no orders had been obtained.
4. However, we are unconvinced with this statement as there is nothing on record to indicate that such a clarification had ever been sought before the Court. Learned Additional Public Prosecutor has placed a letter dated 18.03.2026 addressed by the Superintendent of Prisons, Central Prison, Cuddalore to the Principal District and Sessions Judge, Mayiladuthurai. In the event of ambiguity, the proper procedure is for the party seeking the clarification to file a petition seeking such clarity. It is unheard of for a letter to be addressed for this purpose to the Judge.
5. That apart, letter dated 18.03.2026 again addressed to the District and Sessions Judge, Mayiladuthurai and seeking clarification in the judgment as the Borstal School has been abolished and the accused has completed 21 years of age does not inspire any confidence at all, as it has evidently intended to overcome the unlawful procedure followed by the authorities.
6. We are surprised to find that a response has been given by the Principal District and Sessions Judge, Mayiladuthurai on 20.04.2026 to the Jail
Superintendent, Central Prison, Cuddalore. He refers therein, to the Court's direction to release the detenu on bail.
7. Such a procedure is uncalled for, as all that was required is for compliance with the directions of this Court under order dated 08.04.2026 that are self-explanatory.
8. In light of the discussion as above, we dismiss this petition.
9. At request of learned Additional Public Prosecutor, time to deposit the amount is extended by two (2) weeks from today. (A.S.M.,J.) (S.M.,J.) 27-04-2026 sl Index: Yes/No Speaking/Non-speaking order
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
sl AND HCP NO. 2743 OF 2025 27-04-2026