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Madras High CourtCRL OP(MD)/9564/2015disposed of

Minor Balakumar v. The Superintendent Of Police

2015-05-27Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Criminal Original Petition (MD) Nos. 9564 and 9565 of 2015 Minor Balakumar rep. By its father Sankar ... Petitioner in Crl.O.P.(MD).No.9564/15 Minor Thiruppathi rep. By its father Manivel ... Petitioner in Crl.O.P.(MD).No.9565/15 Vs

1. The Superintendent of Police, Karur 2.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District ... Respondents in both O.Ps. PRAYER: The petitions are preferred under Section 482 Cr.P.C to direct the Juvenile Justice Board, Karur to consider the bail applications of the petitioners with regard to Crime No.239 of 2015 on the file of the respondent police on the date of surrender of the petitioners and dispose of the same on the said date itself.

For Petitioners : Mr.R.M. Sivakumar For Respondents : A.P. Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioners approached this Court to direct the Juvenile Justice Board, Karur to consider the bail applications of the petitioners, with regard to Crime No.239 of 2015, on the file of the respondent police, on the date of surrender of the petitioners and dispose of the same on the said date itself.

2. The petitioners are alleged to have committed the offence under Sections 294(b), 323 of IPC r/w. 3(i)(v) and Sec.3(2)(Va) of SC/ST Amendment Ordinance 2014. It is stated by the petitioners that they are innocent.

3. The learned counsel for the petitioners would submit that the petitioners are prepared to surrender before the Juvenile Justice Board, Karur to co-operate with the prosecution and their petitions for bail may be ordered to be considered on the same day.

4. The learned Government Advocate (Crl. Side) would oppose the said request.

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5. Considering the submission of the petitioners and considering the fact and circumstances by issuing a direction to the Juvenile Justice Board, Karur to dispose of the petition for bail on the same day, no prejudice would be caused to the prosecution, the following direction is issued to the Juvenile Justice Board, Karur:- "In the event of the petitioners surrendering before the Juvenile Justice Board, Karur and their filing of petition seeking bail, the Juvenile Justice Board, Karur shall dispose of the said petitions for bail on the same day strictly on merits and in accordance with law."

6. Accordingly, the Criminal Original Petitions are disposed of. Sd/- Vacation Officer/ Assistant Registrar(writ) /True Copy/ Sub- Assistant Registrar .

To 1.The Juvenile Justice Board, Karur

2. The Superintendent of Police, Karur 3.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2cc to M/s.R.M.Shivakumar, Advocate SR.NO.26319 & 26318/15 trp sm:29.05.2015:2P/7C Criminal Original Petition (MD) Nos. 9564 and 9565 of 2015 27.05.2015 https://hcservices.ecourts.gov.in/hcservices/