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Madras High CourtCRL OP/19011/2023disposed of

Mahalakshmi v. State Rep.By

2023-08-22Honourable Mr Justice N. Anand Venkatesh6 pages

N.ANAND VENKATESH, J.

Today, the matter is listed under the caption "for being mentioned".

2. The order passed by this Court shall read as follows:- " This petition has been filed for a direction to the Juvenile Justice Board, Perambalur district to accept the surrender of the petitioner and to consider the bail application on the same day in Crime No.22 of 2023.

2. Heard Mr.M.Vijaya Ragavan, learned Counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondent.

3. The respondent Police has registered an F.I.R in Crime No.22 of 2023 against the petitioner and another person for offence under Sections 294(b), 323, 324 and 506(2) of I.P.C. The petitioner claims that she is a juvenile and that she has been arrayed as an accused (A2) in this case. In view of the same, she wants to surrender before the Juvenile Justice Board and wants the Board to consider the bail application on the same day.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the petitioner to surrender before the Juvenile Justice Board within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the Juvenile Justice Board, Perambalur district shall deal with the matter on the same day on merits and in accordance with law.

5. This Criminal Original Petition is disposed off in the above terms."

3. The Registry is directed to carry out the necessary corrections in the order and issue fresh order copy.

27.09.2023 grs Note : Issue order copy on 03.10.2023.

N.ANAND VENKATESH, J.

grs 27.09.2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mahalakshmi .. Petitioner Vs.

State Rep by, The Inspector of Police, Arumbavoor Police Station, Perambalur District.

.. Respondent PRAYER :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Juvenile Justice board, Perambalur to accept the surrender petition filed by the petitioner and consider her bail application in Crime No.22 of 2023 pending on the file of the Inspector of Police, Arumbavoor Police Station, Perambalur District the respondent herein.

For Petitioners : Mr.M.Vijaaya Ragavan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction, to direct the Juvenile Justice board, Perambalur to accept the surrender of the petitioner herein and consider the bail petition concerned in Crime No.22 of 2023 on the file

of the respondent police.

2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioners are directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the Juvenile Justice Board, Perambalur District shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

3. This Criminal Original Petition is disposed of with the above directions.

22.08.2023 Index : Yes/No Speaking order:Yes/No dpa/nsa Note: Issue order copy on 23.08.2023 To

1. The Inspector of Police, Arumbavoor Police Station, Perambalur District.

2. The Public Prosecutor High Court of Madras, Madras.

N.ANAND VENKATESH, J dpa/nsa 22.08.2023