Madras High CourtCRL OP(MD)/2047/2015disposed of

Minor. Balakumar v. The Sub Inspector Of Police

2015-02-13Honourable Mr Justice M. Sathyanarayanan2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2015 CORAM :

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Criminal Original Petition(MD)No.2047 of 2015 1)Minor Balakumar 2)Minor Ajith @ Ajithkumar, Represent by their father/Natural guardian, Mr.Mohan @ Kandasamy ... Petitioners/Accused NO.3 and 4 Vs.

The State through The Sub Inspector of Police, Lalgudi Police Station, Trichy District, (in Cr.No.34 of 2015) ... Respondent/Comlainant Petition filed under Section 482 of the Criminal Procedure Code, to direct the Juvenile Justice Board, Trichy, to consider the bail application filed by the petitioners on the same day of surrender in Crime No.34 of 2015 on the file of the respondent police pending investigation.

For Petitioners : Mr.P.Ganapathi Subramanian For Respondent : Mrs.S.Prabha, GA(Crl.Side)

O R D E R

This Criminal Original Petition seeks to direct the Juvenile Justice Board, Trichy, to consider the bail application filed by the petitioners on the same day of surrender in Crime No.34 of 2015 on the file of the respondent police, pending investigation.

2.There are totally five accused in Crime No.34/2015 registered by the respondent/Police for the alleged commission of offence under Sections 147, 148, 294(b), 323, 324 and 307 IPC which was said to have been committed on 15.01.2015. In so far as the accused 1, 2 and 5, is concerned, they were enlarged on anticipatory bail, by this Court vide order dated 22.01.2015 in Crl.O.P(MD)9746 of 2015. Learned counsel for the petitioners/A3 & A4 submits that the petitioners are juvenile accused and they remain at large and they are willing to surrender before the Juvenile Justice Board, Trichy, and their application for bail may be directed to be considered on the same day of surrender. 3.Learned Government Advocate (Crl.Side) would submit that juvenile accused are absconding.

4.This Court, taking into consideration the above facts and circumstances, directs the petitioners herein/Juvenile Accused Nos.3 and 4 to surrender before the jurisdictional Juvenile Justice Board at Trichy, on 20.02.2015 and file application for bail. The Juvenile https://hcservices.ecourts.gov.in/hcservices/

Justice Board, Trichy, shall entertain the said bail application, if it is in order and consider the same in accordance with law and pass orders on the same day. It is made clear that this Court has not expressed any opinion as to the merits of the contentions put forth by the petitioners/Accused Nos.3 and 4 and the Juvenile Justice Board, Trichy, has to deal with the application for bail on its own merits. The Criminal Original Petition stands disposed of accordingly. Sd/- Assistant Registrar(CO) /True copy/ sub Assistant Registrar NB2 To 1)The Presedng Officer, Juvenile Justice Board,Trichy.

2)The Sub Inspector of Police, Lalgudi Police Station, Trichy District.

3)Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.2047 of 2015 13.02.2015 RG.16.02.2015 2P.4C.I.T.

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