Minor Uma @ Gunaselvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD) No.21912 of 2016 Minor Uma @ Gunaselvi ... Petitioner/A3 (Minor Rep. By Natural Guardian and Father Sakthivel) -vsState, rep. By The Inspector of Police, Meignapuram Police Station, Thoothukudi District.

(Crime No.229 of 2016) ... Respondent/Complaint Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C directing the Juvenile Justice Board, Thoothukudi District to consider the bail application of the petitioner on the same day of her surrender in Crime No.229 of 2016 on the file of the respondent police.

For Petitioner :

Mr.S.R.Anbarasu For Respondent :

Mr.K.Anbarasan Government Advocate(Crl.side)

O R D E R

It is an application seeking a direction to the Juvenile Justice Board, Thoothukudi District, to pass orders on the bail petition filed by the petitioner, on the same day of her appearance in Crime No. 229 of 2016 on the file of the respondent Police. A case has been registered against the petitioner, who is stated to be aged 12 years, under Sections 294(b), 323 and 506 (ii) IPC.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

3. The case of the prosecution is that the accused assaulted the defacto complainant.

4.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and prayed for bail.

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 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 her appearance.

10.This Criminal Original Petition is accordingly disposed of.

Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Juvenile Justice Board, Thoothukudi District. 2.The Inspector of Police, Meignapuram Police Station,Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD) No.21912 of 2016 18.11.2016 cm SH/SS2:07.12.2016:3P/4C