in a case where bail is mandatory under Section 12 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 (hereinafter referred to as ?the
Act?), the learned counsel for the petitioner submitted that the bail
application of the juvenile is not being considered on the same day of
appearance, as the Juvenile Justice Board wants the report of the Probation
Officer before the grant of bail and that compels the minor to stay in
Observation Home which the petitioner wants to avoid. Under such
circumstances, this application for direction is taken up.
Section 12 of the Act does not contemplate obtaining of report of
the Probation Officer before the grant of bail. If the Juvenile Justice Board
is not granting bail, the alterative option open to the Juvenile Justice
Board is to place the Juvenile under the supervision of a Probation Officer.
6.Bail can be refused under the proviso to Section 12 of the Act, only
if the release is likely to bring the juvenile into the association with any
known criminal or expose him to moral, physical or psychological danger or
that his release would defeat the ends of justice. In other circumstances,
so far juveniles are concerned, grant of bail is the rule and non grant of
bail is only an exception.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2016
CORAM
THE HONOURABLE DR.JUSTICE S.VIMALA
Crl.O.P.(MD).No.14115 of 2016
Vigneshwaran @ Vignesh Ram
-Vs-
State rep. by
The Inspector of Police,
Petition filed under Section 482 of the Code of Criminal Procedure to
direct the learned Juvenile Justice Board Nagercoil Kanyakumari District
and to consider the bail application on the surrender of the petitioner minor
son in connection with the Crime No.325/2016 pending investigation on the
file of the respondent police on merits on the very same day.
It is an application seeking a direction to the learned Juvenile
Justice Board, Nagercoil, to consider and pass orders on the bail petition
filed by the petitioner on the same day of his appearance in Crime No.325 of
2016 on the file of the respondent Police. A case has been registered
against the petitioner, who is stated to be aged 17 years, under Sections
294(b), 323 and 506(ii) IPC.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl. Side) for the respondents.
3.When a specific question was posed as to why a direction is required
in a case where bail is mandatory under Section 12 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 (hereinafter referred to as ?the
Act?), the learned counsel for the petitioner submitted that the bail
application of the juvenile is not being considered on the same day of
appearance, as the Juvenile Justice Board wants the report of the Probation
Officer before the grant of bail and that compels the minor to stay in
Observation Home which the petitioner wants to avoid. Under such
circumstances, this application for direction is taken up.
4.Section 12 of the Act, dealing with grant of bail to juvenile, is
extracted hereunder for instant reference:
?12.Bail to a person who is apparently a child alleged to be in
conflict with law - (1) When any person, who is apparently a child and is
alleged to have committed a bailable or non-bailable offence, is apprehended
or detained by the Police or appears or 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 person:
Provided that such person shall not be so released if there appears
reasonable grounds for believing that the release is likely to bring that
person into association with any known criminal or expose the said person to
moral, physical or psychological danger or the person's release would defeat
the ends of justice and the Board shall record the reasons for denying the
bail and circumstances that led to such a decision.
(2)When such person having been apprehended is not released on bail
under sub-section(1) by the officer-in-charge of the police station, such
officer shall cause the person to be kept only in an observation home in such
manner as may be prescribed until the person can be brought before a Board.
(3)When such person is not released on bail under sub-section(1) by the
Board it shall make an order sending him to an observation home or a place of
safety, as the case may be, for such period during the pendency of the
inquiry regarding the person, as may be specified in the order.
(4)When a child in conflict with law is unable to fulfil the conditions
of bail order within seven days of the bail order, such child shall be
produced before the Board for modification of the conditions of bail.?
5. Section 12 of the Act does not contemplate obtaining of report of
the Probation Officer before the grant of bail. If the Juvenile Justice Board
is not granting bail, the alterative option open to the Juvenile Justice
Board is to place the Juvenile under the supervision of a Probation Officer.
6.Bail can be refused under the proviso to Section 12 of the Act, only
if the release is likely to bring the juvenile into the association with any
known criminal or expose him to moral, physical or psychological danger or
that his release would defeat the ends of justice. In other circumstances,
so far juveniles are concerned, grant of bail is the rule and non grant of
bail is only an exception.
7. Under such circumstances, the petitioner is directed to appear
before the Juvenile Justice Board within ten days from the date of receipt of
a copy of this order and file bail application. The Juvenile Justice Board is
directed to consider and pass orders on the bail application of the
petitioner on merits on the same day of his appearance.
8.This Criminal Original Petition is accordingly disposed of.
No comments:
Post a Comment