Madras High CourtCRL OP(MD)/15630/2022disposed of

Varun @ Saravana Varun v. The Inspector Of Police

2022-09-05Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

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.15630 of 2022 Varun @ Saravana Varan represented by his Mother/Next Friend Sagayamary, W/o Subramanian ... Petitioner Vs.

1.The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

(Crime No.386/2022) .. Respondent/Complainant 2.Manikandan .. 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Juvenile Justice Board, Thoothukudi, to consider the Bail application of the petitioner concerned in Crime No. 386/2022, on the file of the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District / the 1st respondent herein and pass orders in accordance with law on the same day on his surrender if any petition filed by the petitioner.

For Petitioner : Mr.S.Vikaram For R1 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition has been filed seeking for a direction to the learned Juvenile Justice Board, Thoothukudi, to consider the Bail application of the petitioner concerned in Crime No.386/2022, on the file of the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District / the 1st respondent herein and pass orders in accordance with law on the same day on his surrender if any petition filed by the petitioner.

2. The learned counsel for the petitioner submitted that the petitioner is a juvenile. The other accused persons in this case were granted bail by the trial Court/ Principal Sessions Judge, Tuticorin. Therefore, the learned counsel for the petitioner submits that the petitioner apprehends arrest. Therefore, he seeks direction from this Court to the Juvenile Justice Board to accept the surrender of the petitioner and to pass appropriate orders by considering the bail application 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 the petitioner alleged to have attacked the defacto complainant alleging 2/4

illicit relationship with some other person. Therefore, he seeks dismissal of this petition.

4. As per the submission of the petitioner, he is an innocent person. He was standing outside of the house of the defacto complainant and witnessing the occurrence and he is no way connected to the occurrence, but his name was included in the FIR.

5. 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.

6. This criminal original petition is disposed of accordingly. 05.09.2022 Index : Yes/No Internet : Yes/No TM 3/4

SATHI KUMAR SUKUMARA KURUP. J.

TM To 1.The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

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

05.09.2022 4/4