IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 2053 of 2010() ------------------------- (CRIME NO.250/2010 OF POTHENCODE POLICE STATION) PETITIONER: A5 ----------------- KABEER @ SAMIYULLAH, AGED 17, S/O.SAIFULLAH, BISMI VILLA, ANDOORKONAM P.O., THIRUVANANTHAPURAM, REP. BY THE NATURAL GUARDIAN, VAHEEDA BEEVI, AGED 35, W/O.O.S.SAIFULLAH, BISMI VILLA, ANDOORKONAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: --------------- THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2053 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER Petitioner who is the fifth accused in Crime No.250/2010 of Pothencode Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 308, 452 and 427 read with Section 149 I.P.C and Section 27 of Arms Act, 1959 seeks a direction to the Judicial Magistrate of the First Class-I, Attingal to forward the proceedings as against the petitioner to the Juvenile Justice Board on the ground that on the date of occurrence namely 6/5/2010 he was a Juvenile. 2. The prayer of the petitioner can be granted only on being convinced that the petitioner was a juvenile on the date of commission of the offence. This Criminal M.C. is disposed of permitting the petitioner to surrender before the Magistrate, who after conducting an enquiry into the Juvenilty of the petitioner shall act accordingly. In case, the petitioner is found to be a juvenile then the case as against him shall be forwarded to the Juvenile Justice Board in accordance with the provisions of the Juvenile Justice (Care and Protection Act), 2000. V.RAMKUMAR, JUDGE skj