The petitioner herein is the original fourth accused in Crime No.34/2008 of the Melattur Police Station. When the petitioner remained consistently absent during the proceeding the case against him was split up, and was later transferred to the register of long pending cases as L.P No. 14/2011. Now warrant of arrest is pending against him from the court below. He apprehends arrest, and remand to judicial custody. His definite case is that as on the date of the alleged incident he was in fact a juvenile, and that the case against him will have to be tried before the Juvenile Justice Board. He has produced some documents showing that his date of birth is 14.3.1989. The alleged incident of theft happened in July 2006. The question of the exact age on the date of incident, and the forum for trial of the case, will have to be looked into, and considered by the court below. In this proceeding, such an enquiry cannot be conducted. The petitioner will have to surrender before the learned Magistrate, and raise his claim there, that he was in fact a juvenile on the date of incident. If the court below finds so, and accepts his case, necessary steps will have to be taken for the trail of the case before the Juvenile Justice Board. I do not think that the learned Magistrate will Crl. M.C No.6997 of 2014 2 mechanically remand the petitioner to judicial custody in such a situation whether there is reason to believe that the petitioner was a juvenile on the date of incident. The petitioner will have to explain his absence throughout, and the question of granting bail on conditions can be considered by the learned Magistrate. The relief as sought by the petitioner, quashing the prosecution as such, cannot be now considered or granted. Let the question raised by him be considered by the court below, and let appropriate decision be taken by the court below. In the result, this petition is closed with direction to the court below, that in case the petitioner surrenders in L.P No.14/2011, his application for bail shall be considered judiciously as indicated above the question of law raised by him shall be considered, and appropriate decision shall be taken.
P.UBAID, JUDGE sab