Madras High CourtCRL OP(MD)/23818/2016dismissed

Eswaran, v. The Sub Inspector Of Police,

2017-01-10Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Order Reserved on 05.01.2017 Order Delivered on: 10.01.2017

CORAM:

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD)No.23818 of 2016 Eswaran through his father and Natural Guardian Raju@Rajukutty. :Petitioner Vs.

State rep. by The Sub Inspector of Police, Sethoor Police Station, Virudhunagar District. : Respondent Prayer: This petition is filed under Section 482 of Cr.P.C., to issue a direction to the learned Juvenile Justice Board, Virudhunagar, to consider the petitioner's bail application on the same day, if the petitioner surrender before the said court in connection with the Crime No.132 of 2016 on the file of the respondent police.

For Petitioner : Mr.P.Muthusamy For Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal side

O R D E R

This petition is filed to direct the learned Juvenile Justice Board, Virudhunagar, to consider the petitioner's bail application on the same day, if the petitioner surrender before the said court in connection with the Crime No.132 of 2016 on the file of the respondent police.

2.The learned counsel appearing for the petitioner would submit that a case in Crime No.132 of 2016 under Sections 294(b), 323, 354 IPC and Section 4 of TNPHW Act was registered against the petitioner and that since, the petitioner is juvenile, a direction may be given to the Juvenile Justice Board to consider the bail application of the petitioner on the date of his surrender. 3.Heard the learned Government Advocate (Criminal side) appearing for the respondent and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/ 4.In this case, it is admitted that the alleged offences

against the juvenile are bailable in nature and he has to move the concerned Juvenile Justice Board, for disposal. The petitioner without approaching the concerned Juvenile Justice Board, has approached this court with this petition seeking a direction to consider the petition bail application on the same day of surrender before the Juvenile Justice Board, Virudhunagar, which is not maintainable in law.

5.In the result, this criminal original petition is dismissed giving liberty to the petitioner to move the application before the trial Court for getting appropriate relief in the manner known to law.

Sd/- Assistant Registrar(Co) /True Copy/ Sub Assistant Registrar To, 1.The Sub Inspector of Police, Sethoor Police Station, Virudhunagar District.

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

+1cc to Mr.P.Muthusamy Advocate Sr.No.2000 er AE/MR VB/301.02.2017/2p/4c Crl.O.P.(MD)No.23818 of 2016 10.01.2017 https://hcservices.ecourts.gov.in/hcservices/