Shanmugam v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.12199 of 2021 Shanmugam ... Petitioner

Versus

State rep.by its The Inspector of Police Veppadai Police Station Namakkal District.

Crime No.242 of 2021 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Juvenile Justice Board, Namakkal to consider the bail application filed by the petitioner's son namely, Sakthivel, aged about 17 years, on his surrender in connection with Crime No.242 of 2021 on the file of the respondent police on the same day. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.E.Raj Thilak Counsel for Government of Tamil Nadu (Crl.Side)

O R D E R

This petition has been filed seeking a direction, to direct the learned Juvenile Justice Board, Namakkal to consider the bail application filed by the petitioner's son namely, Sakthivel, aged about 17 years, on his surrender in connection with Crime No.242 of 2021 on the file of the respondent police on the same day.

2. The petitioner has filed this petition seeking a direction to direct the Juvenile Justice Board, Namakkal, to consider the bail application of the petitioner in Crime No.242 of 2021 on the same day of his surrender.

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3. The learned Counsel for the Government of Tamil Nadu (Crl.Side) has submitted that in this case, this petitioner alone is Juvenile and the other accused are his friends. The fight arose while they were playing cricket. The petitioner's son and and other accused said to have assaulted the rival group, for which, a case under Sections 147, 294(b), 324 and 506 (ii) IPC was registered. He further submitted that as per the Section 12 of the Juvenile Justice Act, the Juvenile Board will grant bail on his appearance and filing bail application and hence this petition is not maintainable.

4. Considering the submission and perused the material, it is seen that the fight arose while they were playing game and the petitioner's father/Shanmugam is ready to offer surrender his son and provide with care. Considering the same, Juvenile Justice Board is directed to dispose of the bail application of the petitioner, in accordance with law.

5. With above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar dna To

1. The Inspector of Police Veppadai Police Station Namakkal District.

Crime No.242 of 2021

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.33049 CRL.O.P.No.12199 of 2021 PMK(CO) SU(13/08/2021) https://hcservices.ecourts.gov.in/hcservices/