1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.14816 of 2011 1.Minor.Naganathan, rep. by his father 2.Minor. K.Thirumoorthi, rep. by his father 3.Minor. V.Thirumoorthi, rep. by his father 4.Minor. Mukesh, rep. by his father 5.Minor.Ganesh Kumar, rep. by this father ... Petitioners / Accused 1 to 5 Vs. State through The Inspector of Police, Kamuthi Police Station, In Crime No.147 of 2011, Ramanathapuram District. ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Juvenile Justice Board, Madurai (The learned Judicial Magistrate No.III, Madurai) to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.147 of 2011 on the file of the respondent. For Petitioners : Mr.M.Subash Babu For Respondent : Mr.L.Murugan Govt. Advocate (Crl. Side) O R D E R Heard both sides. 2. The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 307 and Section 4 of Tamil Nadu Women Harassment Act and Section 3(2) (5) of SC/ST(PA) Act altered into under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) of I.P.C and Section 3(1) (X) of SC/ST(PA) Act in Cr.No.147 of 2011 on the file of the respondent police, move this petition seeking direction to the Juvenile Justice Board, Madurai (The learned Judicial Magistrate No.III, Madurai), to consider the petitioners' bail application on merits on the date of surrender (ie) on the same day. 3. Perused the records. 4. Even though initially the case has been registered for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 307 and Section 4 of Tamil Nadu Women Harassment Act and Section 3(2) (5) of SC/ST(PA) Act , subsequently the same has been altered into one under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) https://hcservices.ecourts.gov.in/hcservices/ 2 of I.P.C and Section 3(1) (X) of SC/ST(PA) Act. Hence, the offences complained of, other than the offence under the Special enactment, per-se are not so serious in nature warranting initial detention in jail, even before considering the bail application. Therefore, the Juvenile Justice Board, Madurai (The learned Judicial Magistrate No.III, Madurai), is directed to accept the surrender of the petitioners and consider their bail application on the very same day purely on the basis of merits and to pass suitable orders as per law, in the event of petitioners surrendering before the before within 15 days from today and their filing of petition seeking bail. Accordingly, this petition is ordered. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Juvenile Justice Board, Madurai (The learned Judicial Magistrate No.III, Madurai) 2.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.Subash Babu, Advocate, Sr.No.39676 Crl.O.P.(MD).No.14816 of 2011 15.11.2011 pm SMA/17.11.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/