Madras High CourtCRL OP/19179/2021disposed of

Dhanush @ Silambarasan v. The State Rep By

2021-10-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.19179 of 2021 Dhanush @ Silambarasan S/o.Murugan ... Petitioner Vs.

State Rep.by The Inspector of Police, Dharapuram Police Station, Tiruppur District.

(Cr.No.1049 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Juvenile Justice Board, Tiruppur to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.1049 of 2021.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) This petition has been filed seeking for a direction, to direct the Juvenile Justice Board, Tiruppur to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.1049 of 2021. 2.Learned Government Advocate appearing for the respondent would submit that in this case, the petitioner is a Juvenile and on the date of occurrence, the petitioner along with other accused had developed a quarrel with the defacto complainant resulted in assault, in which, the petitioner and the 6th accused assaulted the defacto complainant with quarter bottle and the petitioner had also beaten the wife of the defacto complainant. Accordingly, a complaint and F.I.R. in Crime No. 1049 of 2021 came to be registered for an offence u/s. 147, 148, 294(b), 323, https://hcservices.ecourts.gov.in/hcservices/

324, 506(ii) I.P.C. and arrested the other accused persons. 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, only the Juvenile Board has the power to grant bail to the petitioner on his appearance and filing bail application. Hence, this petition is not maintainable. 4.Considering the submissions of the learned Government Advocate and on perusal of materials, it is seen that there was a wordy quarrel between petitioner and defacto complainant resulted in assault. The petitioner is aged about 17 years, who is a juvenile and he is ready to surrender himself and seeks to consider his bail application on the same day of his surrender. 5.In view of the above, the learned Judicial Magistrate, Juvenile Justice Board, Tiruppur is hereby directed to dispose of the bail application of the petitioner in accordance with law.

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

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kas/jeni To 1.The Judicial Magistrate, Juvenile Justice Board, Tiruppur.

2.The Inspector of Police, Dharapuram Police Station, Tiruppur District.

(Cr.No.1049 of 2021) 3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.19179 of 2021 AD(CO) CB(01/11/2021) https://hcservices.ecourts.gov.in/hcservices/