Madras High CourtCRL OP(MD)/20821/2021disposed of

Minor.Nandha Kumar v. The Deputy Superintendent Of Police

2022-01-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Minor xxxxx ... Petitioner/Accused Rank Not Known (Rep. by his Mother/Natural Guardian xxxxxx) Vs.

1.The Deputy Superintendent of Police, Kamuthi Range, Kamuthi, Ramanathapuram District.

2.The State rep. by The Inspector of Police, Kamuthi Police Station, Kamuthi, Ramanathapuram District.

(Crime No.727 of 2021) ... Respondents/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Juvenile Justice Board, Ramanathapuram District to accept the surrender and subsequent bail application of the petitioner herein in connection with Crime No.727 of 2021 on the file of the Inspector of Police, Kamuthi Police Station, Kamuthi, Ramanthapuram District and consider the same on merits and in accordance with law on the same day itself.

For Petitioner : Mr.J.Sankara Pandian For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.The petitioner is a juvenile studying in 11th standard. He has been implicated in Crime No.727 of 2021 registered on the file of Kamuthi Police Station. The learned Government Advocate (Crl. Side) states that it is a case involving the offence of murder and that the petitioner's involvement came to light from the confession of a co-accused. It is also further contended that the petitioner 1/3

had supplied the weapon in question.

3.The learned counsel for the petitioner would point out that one of vehicles involved in the occurrence stands in the name of the petitioner's mother and that is how, the petitioner has been roped in. In the FIR, the petitioner has not been specifically named. Even according to the prosecution, he appears to have supplied the weapon. The petitioner was born in December 2005. The petitioner undertakes to surrender before the jurisdictional Juvenile Justice Board at 10.30 am on 07.01.2022.

4.Considering all these aspects, I am inclined to grant the relief sought for. The jurisdictional Juvenile Justice Board shall accept the petitioner's surrender and the bail application to be filed by him shall be disposed of on the same day itself. The Juvenile Justice Board will obtain the report of the probationary officer in advance.

5.This criminal original petition is disposed of on these terms. The Registry is directed to mark a copy of this order to the Juvenile Justice Board, Ramanathapuram.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note In view of the present lock down owing to COVID19 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 Officer Incharge The Juvenile Justice Board, Ramanahtapuram District.

2.The Deputy Superintendent of Police, Kamuthi Range, Kamuthi, Ramanathapuram District.

3.The Inspector of Police, Kamuthi Police Station, Kamuthi,Ramanathapuram District.

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

03.01.2022 SRK(CO) KB(04.01.2022) 3P 5C 3/3