Judgment : 1. The petitioner apprehends arrest for the alleged offences punishable under Sections 147, 148, 341, 323, 307 and 302 I.P.C., in Crime No. 123 of 2006 on the file of the respondent police. 2. The facts of the case would be that the petitioner along with 9 other accused attacked the deceased indiscriminately with Aruval on 6.6.2006 at about 5.00 hours, due to some previous enmity resulting in the death of the deceased 3. The learned Govt. Advocate (Crl.Side) would oppose this petition on the ground that the petitioner has got specific overt acts. However, he would further submit that investigation is completed and charge sheet has been laid in P.R.C. No. 5 of 2007. 4. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated and there would be no harm to the prosecution if the petitioner is released on bail in the event of his arrest. Further, he would submit that date of birth of the petitioner, as per school records, is 3.4.1992 and as such, he is a Juvenile and so he has to be dealt with under the Juvenile Justice Care and Protection of Children Act, 2000. He has also produced xerox copy of the Transfer Certificate of the petitioner issued by Hajee Syed Mohamed Higher Secondary School, Virudhunagar, according to which the date of birth of the petitioner is 3.4.1992 and the petitioner has studied upto 10th standard in the said school. 5. The learned Govt. Advocate (Crl. side) would submit that according to the charge sheet the age of the petitioner is 19 years. But, he is not in a position to inform the Court as to how the charge sheet has been made and mentioned the age of the petitioner as 19 years. 6. In the light of the entry of the date of birth of the petitioner in the Transfer Certificate apparently, it has to be construed that he is only juvenile on the date of occurrence. 7. At this juncture, it is essential to refer to Section 12 of the said Act, which deals with provision of bail for juveniles. 6. In the light of the entry of the date of birth of the petitioner in the Transfer Certificate apparently, it has to be construed that he is only juvenile on the date of occurrence. 7. At this juncture, it is essential to refer to Section 12 of the said Act, which deals with provision of bail for juveniles. “ 12 Bail of Juvenile:-( 1) 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 Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974) 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, physical or psychological danger or that his release would defeat the ends of justice.” 8. Though, as provided in Section 12 of the said Act, in the event of the petitioners arrest, he shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) 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 appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. 9. The learned Govt. Advocate (Crl. Side) was asked whether the release of the petitioner on bail in the event of arrest would bring him under any one of the above categories, he would say that there are no such reasonable grounds available to him to submit that the release of the petitioner would likely bring him to association with any known criminal or expose him to moral physical or psychological danger or that his release would defeat the ends of justice 10. It is also to be noted that as per the School Transfer Certificate, the petitioner is apparently a juvenile at the time of occurrence. It is also to be noted that as per the School Transfer Certificate, the petitioner is apparently a juvenile at the time of occurrence. In view of the above said legal position, since the petitioner is entitled to be released on bail in the event of arrest, there will be no difficulty for this Court to issue such a direction by invoking power under Section 438 Cr. P.C. 11. In the result, the juvenile Board concerned is directed to release the petitioner on bail in the event of his arrest in connection with this case as laid down in Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000. The juvenile Board shall decide whether such release shall be with or without sureties. 12. With the above direction, this criminal original petition is ordered accordingly.