BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14133 of 2011 MARIYANATHAN ... PETITIONER/ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION., IN CRIME NO.1/2011, SIVAGANGAI DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.K.GOPALAN Advocate For Respondent : Mr.K.S.DURAI PANDIAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.1 of 2011 on the file of the respondent police, for offence under Sections 302, 376 r/w Section 34 of I.P.C. He was arrested on 03.01.2011 . He seeks bail. 2.According to the case of prosecution, the petitioner along with the first accused raped the victim girl and committed murder. There is no eyewitness to the occurrence. With great difficulty, circumstantial evidence have been collected and the Investigating Officer has laid the charge sheet. Now the case has been committed to the Court of Sessions for trial and the trial is pending. In the meanwhile, the petitioner filed Crl.O.P (MD)No.13566 of 2011 before this Court seeking a direction to the learned Sessions Judge to ascertain the age of the petitioner. 3.According to the petitioner, as on the alleged date of occurrence, he was a juvenile and therefore, he is entitled for the benefits of the Juvenile Justice (Care and Protection of Children) Act. The petitioner has also produced the school certificate issued by the Headmaster of the Government Higher Secondary School at Kannangudi, showing the petitioner's date of birth as 03.04.1993. https://hcservices.ecourts.gov.in/hcservices/ 4.In the said Criminal Original Petition, this Court already directed the learned Sessions Judge, Sivagangai to hold an enquiry regarding the age of the petitioner and if the petitioner appears to be a juvenile, to give the benefits of the Act at the time of trial. It is reported that the learned Sessions Judge not yet completed the said task. 5.Now the petitioner seeks bail only on the ground that the petitioner is a juvenile. Since the petitioner is a juvenile, the learned counsel appearing for the petitioner would submit that in view of Section 12 of the said Act, the petitioner is entitled for the benefit of bail. The learned counsel has prroduced a school certificate showing the date of birth of the petitioner as 03.04.1993. If the same is taken as true, then as on the date of occurrence, he was a juvenile. Further, the matter is being examined by the learned Sessions Judge. Therefore, it may not be appropriate for this Court to declare the petitioner as a juvenile. But for the limited purpose of this bail application, it is absolutely necessary for this Court to find a prima facie material to show that he was a juvenile on the date of occurrence. As already stated, the school ceritificate would go to show that the date of birth of the petitioner as 03.04.1993. Thus, prima facie there is material to show that the petitioner is a juvenile. If the petitioner is kept further in prison, until the decision is taken by the learned Sessions Judge, regarding the age of the petitioner, in that event he is found as a juvenile, then the damage caused to the petitioner by keeping him with hard-core cannot be cured. Such continued detention will defeat the very object of the Juvenile Justice Act. It is not the case of the prosecution that if the petitioner is released on bail, he will indulge in such kind of crime. 6.For the limited purpose of considering this bail application, since I find that there are materials to show that the petitioner is a juvenile, I am inclined to grant the benefit of the said Act by granting bail to the petitioner. 7.In the result, this petition is ordered and bail is granted to the petitioner on the following conditions:- (i) The petitioner shall be enlarged on bail on executing a bond by his parents for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Devakottai; and (ii) The Petitioner should be taken by his father and report before the Presiding Officer of the Juvenile Justice Board, Sivagangai, everyday at 10.30 a.m. until the further trial is over. sd/- 04/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1.THE JUDICIAL MAGISTRATE DEVAKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3.THE PRESIDING OFFICER JUVENILE JUSTICE BOARD SIVAGANGAI 4.THE OFFICER-IN-CHARGE, MINOR JAIL, PUDUKOTTAI 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 6.THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION., SIVAGANGAI DISTRICT. +1. CC to M/S. T.K.GOPALAN Advocate SR.No.38227 rl/8c – 8.11.2011 ORDER IN CRL OP(MD) No.14133 of 2011 Date :04/11/2011 https://hcservices.ecourts.gov.in/hcservices/