Madras High CourtCRL OP(MD)/16495/2022disposed of

Suryaprakash @ Jeyaprakash v. The Deputy Superintendent Of Police

2022-09-29Honourable Mr Justice G.Ilangovan4 pages

+BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Suryaprakash @ Jeyaprakash represented through his father and natural guardian Arumugam ... Petitioner/Accused No. 2 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Division, Theni District.

... Respondent/Respondent 2.The State represented by The Inspector of Police, Devadanapatti Police Station, Theni District.

(Crime No.300/2022) ... Respondent/De-jure Complainant 3.Selvam ... Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Juvenile Justice Board, Theni pleased to accept the surrender of the petitioner and consider the petitioner's bail application on the same day of his surrender itself in Crime No.300 of 2022 dated 13.08.2022 on the file of the second respondent police. For Petitioner : Mr.B.Karthee For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner is the accused No.1 in Crime No.300 of 2022 on the file of Devadanapatti Police Station, Theni District, and the offences alleged against the accused are under Sections 294(b), 323, 324, 506(2) IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioner is to direct the Juvenile Justice Board, Theni, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the defacto complainant. 4.The learned Government Advocate (Crl.Side) would submit that the petitioner is a juvenile. Hence, the matter to be proceeded only under the provision of Juvenile Justice Care and Protection Act and the petitioner cannot be arrested by the respondent police.

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5. In view of the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of. 29.09.2022 Index : Yes/No Internet:Yes/No dss To 1.The Juvenile Justice Board, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Division, Theni District.

3.The State represented by The Inspector of Police, Devadanapatti Police Station, Theni District.

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

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G.ILANGOVAN, J., dss 29.09.2022 4/4