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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Minor. Gurusamy, Rep. By His Mother – Appellant
Versus
State Of Tamilnadu, Rep. By The Inspector Of Police – Respondent
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ORDER :
L. VICTORIA GOWRI, J.
Preface:
This Criminal Original Petition is filed invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 Cr.P.C., 1973, seeking an appropriate direction in relation to the petitioner, who is stated to be a child in conflict with law, in connection with Crime No.225 of 2025 dated 16.11.2025, registered for offences under Sections 191 (2), 296(b), 115(2), 132, 351(2) of BNS and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.
2. The petitioner apprehends that upon being produced/surrendering before the Juvenile Justice Board, the Board may follow a practice of calling for a report from the Probation Officer and, till such report is received, send the child to an Observation Home, thereby affecting the child’s future, though there is no necessity in law to adopt such a course.
Case of the prosecution:
3. The prosecution case, as reflected in the FIR, is that on 16.11.2025 at about 7.00 p.m., after enquiry relating to a missing complaint of a major girl, certain persons allegedly assembled at the police station, caused disturbance, threatened/assaulted police personnel and damaged light
Juveniles in conflict with the law should not be routinely detained in Observation Homes pending probation reports, emphasizing parental custody as an alternative.
The Act does not empower the police to arrest a child in conflict with law, and an application seeking anticipatory bail under Section 438 of Cr.P.C. at the instance of a child in conflict with law i....
Petition under Section 438, Cr.P.C. is not maintainable in case of a juvenile.
The court ruled that anticipatory bail applications by juveniles are maintainable under Section 438 of the Code, affirming the necessity of protecting personal liberty as guaranteed by Article 21 of ....
Bail for juveniles under the JJ Act is the norm, with denial being an exception, requiring the prosecution to prove reasonable grounds for such denial.
The Juvenile Justice Act grants juveniles the right to make a suo motu appearance before the Board and claim bail, regardless of the nature of the alleged offences.
The main legal point established in the judgment is that bail for a child in conflict with law is the rule, and rejection of bail is an exception. The court emphasized the presumption of innocence fo....
An application for anticipatory bail under Section 438 of the Code at the instance of a minor/juvenile is not maintainable due to the comprehensive and distinct procedure laid down in the Juvenile Ju....
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