Madras High CourtCRL OP(MD)/11633/2016disposed of

Sachin v. The Sub Inspector Of Police

2016-07-14Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Criminal Original Petition (MD) No.11633 of 2016 Sachin (rep.by his father Kannusamy) ... Petitioner/Accused No. 31 vs.

State, rep.by The Sub-Inspector of Police Kadupatti Police Station Madurai District (Crime No.11 of 2016) ... Respondent/Complainant PRAYER: This petition is filed under Section 482 Cr.P.C to direct the Juvenile Justice Board, Madurai, Madurai District, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.11 of 2016, on the file of the respondent Police, on the very same day. For Petitioner :

Mr.M.Pitchaimuthu For Respondent :

Mr.P.Kandasamy G.A.(Crl.Side)

O R D E R

The petitioner, who is A31 in Crime No.11 of 2016 under Sections 147, 148, 324, 438, 307 I.P.C., and Section 3 of T.N.P.P.D.L.Act r/w Section 3(2)(V) of S.C. / S.T. Act, registered by Kadupatti Police Station, seeks a direction to the Juvenile Justice Board, Madurai, to consider his bail petition on the date of his surrender.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent.

3. The petitioner is accused of having committed offences under S.C. / S.T. Act. As per Section 18 of the Act, advance bail petition under Section 438 Cr.P.C., will not lie.

4. In the circumstances, the learned counsel for the petitioner submits that there is no prima facie case against the petitioner and seeks a direction to the Juvenile Justice Board, https://hcservices.ecourts.gov.in/hcservices/

Madurai, to dispose of his bail petition on the date of his surrender.

5. In the facts and circumstances, ordered as under: (i) The petitioner shall surrender before the Juvenile Justice Board, Madurai, within 10 days from the date of receipt of a copy of this order. (ii) On the date of his surrender, the Juvenile Justice Board shall dispose of his bail petition according to law.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Principal Magistrate /Judicial Magistrate No.III, Juvenile Justice Board, Madurai, Madurai District.

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

3.The Sub-Inspector of Police, Kadupatti Police Station, Madurai District.

+1cc to Mr.M.Pitchaimuthu, Advocate in SR.No. 37286 krk JA-AAL-MPA-21/7/2016/2P:5C Crl.O.P.(MD).No.11633 of 2016 14.07.2016 https://hcservices.ecourts.gov.in/hcservices/