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2015 DIGILAW 3224 (MAD)

Siva v. State rep. by the Inspector of Police, Morappanadu Police Station

2015-10-05

S.VIMALA

body2015
ORDER 1. The petitioner is a juvenile represented by his father. He is stated to be in conflict with law in respect of the offences under Section 294(b), 323, 506(ii) IPC and Section 4 of Tamil Nadu Women Harassment Act. 2. According to the case of the prosecution, the defacto complainant Rathika gave a complaint alleging that false propaganda is made about the conduct of the daughter of the accused No. 1 and on account of that, the petitioner along with other accused persons, have beaten the defacto complainant and threatened her with dire consequences. 3. It is submitted that the petitioner is innocent. 4. It is alleged that as the Juvenile Justice (Care and Protection of Children) Act (hereinafter referred to as J.J. Act) did not contain any provision for anticipatory bail, the petitioner is ready to surrender before the Juvenile Justice Board and the Board must be directed to consider the bail application of the petitioner on the same day of surrender. 5. Whether this application is maintainable is the issue to be considered. 6. Section 12 of the J.J. Act directly provides the answer for this issue and Section 12 reads as under:- “12. Bail of juvenile — (1) When any person accused of abailable 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 (or placed under the supervision of a Probation Officer or under the care of any fit institution of fit person) 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. (2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board 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.” 7. Perusal of Section 12 would reveal that irrespective of the nature of the offence (bailable or non-bailable offence), the Juvenile has a right to be released on bail, unless 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. Since bail is a matter of right for the Juvenile irrespective of the seriousness of the offence, this Court is of the view that no such direction as sought for by the petitioner need to be passed. However, it is alleged that the petitioner is a school going student and his father is ready to keep the juvenile under his custody and in order to get the order of bail on the same day, this direction is imperative. 9. It is not known what is the origin for this practice, but this practice should not be encouraged. Suffice to point out the Aims of the Juvenile Justice:- The goal of children's justice work is the establishment of a fair and humane system of justice for children which: (a) Is based on the rights of the child. (b) Applies the principles of restorative justice. (c) Puts the best interests of the child first. (d) Focuses on prevention as a primary objective. (e) Makes custody a sanction of last resort and for the shortest possible period of time while taking into account the effects on the victim and community. 10. This Court expresses the hope that learned Magistrate will take into account the aims of the Juvenile Justice along with Section 12 of the J.J. Act and would pass orders on any bail application of any juvenile forthwith. 11. 10. This Court expresses the hope that learned Magistrate will take into account the aims of the Juvenile Justice along with Section 12 of the J.J. Act and would pass orders on any bail application of any juvenile forthwith. 11. It is ordered accordingly.