IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Bail Appl..No. 2583 of 2011() ----------------------------- CRIME NO.1190/2010 OF ANCHALAMOODU POLICE STATION CRMP.689/2011 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER/2ND ACCUSED --------------------------------- PREMJITH, AGED 17 YEARS, S/O.SIVAPRASAD, PLAVILA VEEDU, KANJAVELI P.O., PRAKKULAM, KOLLAM, REPRESENTED BY HIS MOTHER JAYASREE, AGED 43 YEARS, D/O.SULOCHANA, PLAVILA VEEDU, KANJAVELI P.O., PRAKKULAM, KOLLAM. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------------------------- Bail Application No.2583 of 2011 ---------------------------------------- Dated: 06.04.2011 ORDER Petitioner, who is the 2nd accused in Crime No.1190/2010 of Anchalumoodu Police Station for offences punishable under Section 308 read with 34 I.P.C., seeks anticipatory bail. 2. Earlier the petitioner moved the Sessions Court, Kollam for similar relief and as per Annexure 1 order dated 16.03.2011 in Crl.M.P.No.689/2011, the said application was dismissed. But the status of the petitioner as a juvenile as on the date of occurrence was recognised by the Sessions Court. When once the accused is found to be a juvenile his case has to be dealt with by Juvenile Justice Board of which the Chief Judicial Magistrate is the Chairman. The Sessions Court was not right in dealing with the case and refusing bail to the petitioner. The petitioner shall, therefore, surrender before the Investigating Officer on 19.04.2011 and he shall thereupon be produced before the Juvenile Justice Board, Kollam along with the necessary prosecution documents so as to be dealt with by the Board. This petition is disposed of as above. Dated this the 6th day of April, 2011. V.RAMKUMAR, JUDGE sj