Madras High CourtCRL OP(MD)/6433/2015disposed of

Santhosh (Minor) v. The Inspector Of Police

2015-04-09Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.No.6433 of 2015 Santhosh, Minor, Rep.by his natural guardian & father Govindaraj ... Petitioner/Accused-2 Vs.

The State rep. by The Inspector of Police, Orathanadu Police Station, Thanjavur District.

Crime No.116/2015. ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Presiding Officer, Juvenile Justice Board, Thanjavur to consider the bail application of the petitioner on the same day of his surrender in Crime No.116 of 2015 on the file of the respondent Police.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.K.Anbarsan, Government Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the Presiding Officer, Juvenile Justice Board, Thanjavur, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.116 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 147, 148, 341, 352, 365, 307 of IPC r/w section 3(1)(r) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Ordinance Act, 2014.

3.The submissions made by Mr.R.Pon Karthikeyan learned counsel for the petitioner and by Mr.K.Anbarasan, learned Government Advocate (Crl. Side) representing the respondent were heard. The materials available on record were also perused. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the nature of offences alleged against the petitioner, the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Ordinance Act, 2014, and that taking into custody of the petitioner pending consideration of his bail application could cause him irreparable hardship, this Court considers it appropriate to direct the Presiding Officer, Juvenile Justice Board, Thanjavur, to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. 5.The petition is ordered accordingly.

Sd/- Assistant Registrar(C.O.,) /True Copy/ Sub-Assistant Registrar To 1.The Presiding Officer, Juvenile Justice Board, Thanjavur. 2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

+1cc to Mr.R.Pon Karthikeyan, Advocate, in SR. No.18027. CRL.O.P.No.6433 of 2015 09.04.2015 pjl/vsn msm 13.04.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/