Madras High CourtCRL OP(MD)/15961/2022disposed of

Tamilselvan v. The Deputy Supeintendent Of Police

2022-09-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Tamilselvan ... Petitioner/A2 Vs.

1.The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

... 1st Respondent/Investigation Officer 2.The Inspector of Police, Elumalai Police Station, Madurai District.

Crime No.165 of 2022 ... 2nd Respondent/Complainant 3.Karthigaiselvi ... 3rd Respondent/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Juvenile Justice Board, Madurai to accept the surrender of the petitioner in Crime No.165 of 2022 on the file of the second respondent police and to consider the bail application on the same day.

For Petitioners : Mr.A.Mohan For R-1 and R-2 : Mr.A.Albert James Government Advocate (Crl. side) 1/4

O R D E R This petition has been filed to direct the Juvenile Justice Board, Madurai to accept the surrender of the petitioner in Crime No.165 of 2022 on the file of the second respondent police and to consider the bail application on the same day.

2. The petitioner is A2 in Crime No.165 of 2022, on the file of the second respondent for the offences punishable under Sections 11(4) and 12 of POCSO Act and Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act, 2015.

3.It is admitted that the petitioner is a juvenile. So, there is no question of arresting the petitioner and question of direction, does not arise. The respondent police has to follow the procedure contemplated under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

4.The respondent is also present before this Court and the learned Government Advocate (Crl. side) has also advised the respondent. 2/4

5. Accordingly, this Criminal Original Petition is disposed of . 09.09.2022 Index : Yes/No Internet : Yes/No sji / pnn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

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

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

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G.ILANGOVAN. J.

sji/pnn 09.09.2022 4/4