AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Lodh, J
Heard Mr. B. Debbarma, learned counsel for the applicant. Also heard Mr. Raju Datta, learned PP appearing for the respondent-State.
This is an application filed by the applicant under Section 438 Cr.P.C. for granting anticipatory bail to her minor son, namely, Bishal Roy, in connection with NCC PS case No. 2024/NCC/044, registered under Sections 341,326,307,34 of the IPC.
When the matter is taken up for hearing, learned PP has raised the question of maintainability of the instant anticipatory bail application since the accused is a juvenile. To substantiate his submission, learned PP has placed and relied upon a judgment of the Hon’ble Supreme Court in K. Vignesh vs. State rep. by the Inspector of Police, C-3, Seven Wells Police Station, Chennai-600079, reported in 2017 SCC OnLine Mad 28442.
I have gone through the case record aswell as the judgment referred to above.
From the record, it is revealed that the accused, Bishal Roy is admittedly a juvenile. Hence, this Court lacks its jurisdiction in respect of juvenile.
In view of this, the applicant is directed to approach the Juvenile Justice Board for considering the pre-arrest bail of the accused, Bishal Roy.
With the above observation and directions, the instant application stands disposed.