Manikandan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.(MD).No.15613 of 2022 Manikandan represented by his Father/next friend Raju Alias Rasu.

... Petitioner Vs.

1.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

2.The Inspector of Police, Pandalgudi Police Station, Virudhunagar District.

(Crime No.69 of 2022) ... Respondents/Complainants 3.Ashokkumar ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Juvenile Justice Board, Virudhunagar, to accept the surrender of the petitioner and consider the bail application of the petitioner on the same date of surrender of the petitioner in Crime No.69 of 2022 on the file of the respondent police on merits. For Petitioner : Mr.M.Ananthkumar For R1 & R2 : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

O RDER This Criminal Original Petition has been filed seeking for a direction to the Juvenile Justice Board, Virudhunagar, to accept the surrender of the petitioner and consider the bail application on the same date of surrender of the petitioner in Crime No.69 of 2022 on the file of the respondent police on merits.

2. The learned counsel for the petitioner submitted that the petitioner, who is a juvenile, apprehends arrest at the hands of respondent police. There was a dispute regarding playing 'Kabadi' between two groups, based on which, there was a fight leading to group clash. In continuation of the same, FIR had been registered. It is the submission of the learned counsel for the petitioner that A2 and A3 in this case were arrested and granted bail by this Court. Therefore, the learned counsel for the petitioner seeks direction from this Court to the Juvenile Justice Board to accept the surrender of the petitioner and consider bail on the very same date.

3. The learned Additional Public Prosecutor vehemently objects to the line of the arguments of the learned counsel for the petitioner stating that A1 Suriya alone was arrested in this case and granted bail by the trial 2/5

Court. The submission of the learned counsel for the petitioner seeking direction of this Court to the Juvenile Justice Board to accept the surrender of this petitioner, who apprehends arrest by the respondent police and to consider for bail on the very same date is objected by the learned Additional Public Prosecutor on the very same point that the then learned Single Judge of this Court had passed the orders in Crl.O.P. (MD).No.1785 of 2016 and batch. Therefore, he seeks dismissal of this petition.

4. On consideration of the rival submissions by both parties, this Court directed the petitioner to surrender before the Juvenile Justice Board, with a petition for bail, within a period of one week from the date of receipt of a copy of this order. The Juvenile Justice Board is directed to consider the same and pass appropriate orders as per law.

5. This criminal original petition is disposed of accordingly. 05.09.2022 Index : Yes/No Internet : Yes/No TM 3/5

To 1.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

2.The Inspector of Police, Pandalgudi Police Station, Virudhunagar District.

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

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SATHI KUMAR SUKUMARA KURUP. J.

TM 05.09.2022 5/5