Kishore v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18603 of 2021 Kishore, S/o. Subramani ... Petitioner/Accused-3
Versus
State rep. by its The Inspector of Police, Gurubarapalli, Krishnagiri Dt.
... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate, Juvenile Justice Board, Krishnagiri District to consider the bail application of the petitioner and pass orders on merits on the very same day in the event of the petitioner surrendering before the Court in connection with Crime No.149 of 2021 on the file of respondent police.
For Petitioner :
Mr.G.Mohammed Aseef For Respondent :
Mr.A.Damodaran, Addl. Public Prosecutor
ORDER
(This case has been heard through video conference) This petition has been filed seeking a direction, to direct the learned Judicial Magistrate, Juvenile Justice Board, Krishnagiri District to consider the bail application filed by the petitioner on his surrender in connection with Crime No.242 of 2021 on the file of respondent police on the same day. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.
3. The learned Additional Public Prosecutor appearing for respondent would submit that in this case, the petitioner is a Juvenile and on the date of occurrence, there was a quarrel https://hcservices.ecourts.gov.in/hcservices/
between his father and the defacto complainant resulted in assault, in which, the petitioner and his mother rushed to the spot and tried to conciliate between them. Accordingly, the defacto complainant lodged a complaint and F.I.R. in Crime No. 149 of 2021 came to be registered for an offence under Sec.294 (b), 323, 324, 506(2) I.P.C. and arrested petitioner's father and mother. Thereafter, they were released on bail. He would also submit that as per Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Board will grant bail on his appearance and filing bail application. Hence, this petition is not maintainable.
4. Considering his submissions and on perusal of materials, it is seen that there was a wordy quarrel between petitioner's father and defacto complainant resulted in assault, the petitioner and his mother tried to conciliate them only. Now, the petitioner, aged about 15 years, who is juvenile is ready to surrender himself and seeks to consider his bail application on the same day of his surrender. In view of the same, this Court directs the Judicial Magistrate, Juvenile Justice Board, Krishnagiri District to dispose of the bail application of the petitioner in accordance with law.
5. With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpp/nr To
1. The Inspector of Police, Gurubarapalli, Krishnagiri Dt.
2. The Public Prosecutor, High Court, Madras.
Copy to: The Judicial Magistrate, Juvenile Justice Board, Krishnagiri District.
CRL.O.P.No.18603 of 2021 VG-II(CO) CB(10/11/2021) https://hcservices.ecourts.gov.in/hcservices/