IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Crl.MC.No. 3988 of 2009() ------------------------- (CRIME NO.645/2009 OF HOSDURG POLICE STATION) PETITIONER: --------------- NIZHAMUDHEEN P. (MINOR) S/O.SULAIKHA, AGED 15 YEARS, RESIDING AT KALLOORAVI HOUSE,KANHANGAD SOUTH PO, HOSDURG TALUK KASARAGOD TALUK, REPRESENTED BY HIS MOTHER AND NEXT FRIEND SULAIKHA, W/O. MOIDEENKUTTY C.K. BY ADV. SRI.T.MADHU RESPONDENTS: --------------- 1. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR J. ----------------------------- CRL.M.C No.3988 of 2009 ------------------------------ Dated this the 9th day of December, 2009. O R D E R Petition is filed for a direction to the Magistrate to consider the question whether petitioner is a juvenile, as provided under Section 7(1) & (2) of the Juvenile Justice (Care and Protection of Children) Act 2000, on the date of his surrender, before an order of remand is made. 2. The learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that as the petitioner was a juvenile when he allegedly committed the offence he cannot be remanded to jail and unless directed learned Magistrate will not conduct an enquiry as provided under Section 7(1) & (2) of Juvenile Justice (Care and Protection of Children) Act, 2000. I find no reason to believe that the Magistrate will not conduct an enquiry as provided under Section 7(1) & (2) of Juvenile Justice (Care and Protection of Children) Act, 2000, when a juvenile or a person claiming to be a juvenile is produced before the Magistrate. If he claims to be a juvenile or it appears to the Magistrate that he is a juvenile, Magistrate is bound to enquire the question. In such circumstances I find no reason to give any direction. The petition is disposed. Sd/- M.SASIDHARAN NAMBIAR, JUDGE ab