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Madras High CourtCRL OP(MD)/21313/2016disposed of

Mathan @ Mathankumar v. The Iinspector Of Police

2016-11-09Honourable Mr Justice K. Kalyanasundaram4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21313 of 2016 Mathan @ Mathankumar (Minor) (Rep. by his father P.Sakkarai) .. Petitioner/Accused No.8 Vs.

State rep. by The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.582 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying a direction to the Presiding Officer, Juvenile Justice Board, Madurai to consider the bail application of the petitioner on the same day of his surrender in Crime No.582 of 2016 on the file of the respondent police .

For Petitioner : Mr.A.Rajalingam Arumugam Pillai For Respondent : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

The application is filed for a direction to the Juvenile Justice Board, Madurai, to consider the bail application of the petitioner/A8, in Crime No.582 of 2016, on the file of the respondent police, on the same day of his surrender, on merits and in accordance with law forthwith, in which the petitioner, who is stated to be aged 17 years, apprehends arrest at the hands of the respondent police, for the offences punishable under Sections 147, 148, 294(b) and 506(ii) IPC read with Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The case of the prosecution is that all the accused have made quarrel with the defacto complainant and threatened him with dire consequences.

3.The learned counsel for the petitioner would submit that

the petitioner is no way connected in this case and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) would submit that no one sustained injury.

5. When a specific question was posed as to why a direction is required in a case where bail is mandatory under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "the Act"), the learned counsel for the petitioner submitted that the bail application of the juvenile is not being considered on the same day of appearance, as the Juvenile Justice Board wants the report of the Probation Officer before the grant of bail and that compels the minor to stay in Observation Home which the petitioner wants to avoid. Under such circumstances, this application for direction is taken up. 6.Section 12 of the Act, dealing with grant of bail to juvenile, is extracted hereunder for instant reference: "12.

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

(2)When such person having been apprehended is not released on bail under sub-section(1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an

observation home in such manner as may be prescribed until the person can be brought before a Board.

(3)When such person is not released on bail under sub-section(1) by the Board it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4)When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail."

7. Section 12 of the Act does not contemplate obtaining of report of the Probation Officer before the grant of bail. If the Juvenile Justice Board is not granting bail, the alternative option open to the Juvenile Justice Board is to place the Juvenile under the supervision of a Probation Officer. 8.Bail can be refused under the proviso to Section 12 of the Act, only if the release is likely to bring the juvenile into the association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. In other circumstances, so far juveniles are concerned, grant of bail is the rule and non grant of bail is only an exception.

9. Under such circumstances, the petitioner is directed to appear before the Juvenile Justice Board, Madurai, within ten days from the date of receipt of a copy of this order and file bail application. The Juvenile Justice Board is directed to consider and pass orders on the bail application of the petitioner on merits on the same day of his appearance.

10. This Criminal Original Petition is accordingly disposed of.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar

To 1.The Juvenile Justice Board, Madurai.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

+ 1 CC TO Mr.A.RAJALINGAM ARUMUGAM PILLAI, ADVOCATE IN SR No. 67344 PJL TE/CK/AR CS-II : 22/11/2016 : 4P/5C Crl.O.P.(MD) No.21313 of 2016 09.11.2016