Judgment N. L. TIBREWAL, J. ( 1 ) THIS application is for grant of pre-arrest bail u/s. 438 Cr. P. C. The petitioner is required in Crime No. 79/92 registered at Police Station-Karauli under Sec. 3 (xii) of the Schedules Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. ( 2 ) THE only contention of the learned counsel for the petitioner is that the petitioner was a lad of 14 years at the time of incident as his date of birth is 1. 7. 1978. According to the learned counsel, the petitioner is a Juvenile within the provisions of Juvenile Justice Act, 1986, as such, he should be given the benefit of pre-arrest bail. ( 3 ) KEEPING in view the provisions of Sec. 18 of the SC and ST (Prevention of Atrocities) Act, no order for pre-arrest bail can be passed by this Court. However, whenever, it is brought to the notice of the investigating agency that the offender is juvenile, then, it is his duty to make an inquiry for the determination of his age. If, on inquiry, the investigating agency is satisfied that the offender is a juvenile one, then, he should proceed under the provisions of Juvenile Justice Act, 1986. ( 4 ) SEC. 18 of the aforesaid Act provides that when any person accused of a bailable or non-bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973, or, in any other law for the time being in force, be released on bail with or without surety, but, he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. Sub-section (2) further provides that a police officer shall not keep such offender in the police station or in jail. Then, sub-section (3) further makes it clear that in case the offender is not released on bail under sub-sec. Sub-section (2) further provides that a police officer shall not keep such offender in the police station or in jail. Then, sub-section (3) further makes it clear that in case the offender is not released on bail under sub-sec. (1) by the Juvenile Court it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order. Then, sec. 32 provides for an inquiry or determination of the age of a person whenever it appears to the competent authority that the offender is a juvenile. ( 5 ) TAKING into consideration the provisions of the aforesaid Act and the intention of the legislature, if any delinquent juvenile is arrested by the police, then, he cannot be kept either in the police station or in the jail and he has to be brought before the Juvenile Court forthwith. Therefore, in such matters, it is the duty of the investigating agency to inquire about the age of the offender. In the instant case, the petitioner has given his date of birth as 1. 7. 1978 and he has also produced its school certificate of concerned school. On inquiry, if the police officer is satisfied that he is a juvenile, then, he should proceed under the provisions of Juvenile Justice Act, 1986. Even, the determination of the age is required then, he should take steps for the determination of the age of the offender as provided U/s. 32 of the Act. ( 6 ) CONSEQUENTLY, though the application for pre-arrest bail is rejected, the concerned SHO is directed to proceed in the light of the aforesaid discussion. The petitioner is also free to appear before the Juvenile Court U/s. 18 of the Juvenile Justice Act, 1986. If he does so, the concerned court shall pass an appropriate order in accordance with law. Application rejected.