HC rejects plea for juvenile’s advance bail

Noting that only the Juvenile Justice Board is the appropriate authority to deal with all proceedings, including bail, in respect of a juvenile, as per the provision of Juvenile Justice (Care and Protection) Act, the Madras High Court has held that no court has jurisdiction to deal with the proceedings.

Justice S. Vaidyanathan made the observation on an anticipatory bail petition moved by a father of a juvenile apprehending his arrest over a complaint of assault. Earlier, the juvenile himself filed a petition seeking anticipatory bail, which was dismissed.

When the application came up for hearing, Justice Mr. Vidyanathan said, “It is clear as per the Act that the bail application of a juvenile can be entertained by the Board only when he is arrested and brought before the Board. Otherwise, the application cannot be entertained. If the juvenile is arrested, then certainly the bail application can be decided by the Board, but not by the High Court or Court of Sessions.”

However, if a juvenile accused of a bailable or non-bailable offence has been refused bail, he can appeal within time to the Court of Sessions, and in case the appeal fails, he can file a revision against the appellate order before the High Court in accordance with Act.

The Act specifically envisages that the powers conferred on the Board by or under this Act can be exercised by the High Court and the Court of Sessions only when the proceeding comes before them in an appeal, revision or otherwise, the judge added.

The judge dismissed the bail plea, setting the petitioner at liberty to appear before the competent authority and thereafter, if he proves himself to be a juvenile, move an appropriate application for his release on bail. The court directed the Registry to find out the recent earlier orders of the learned single Judges, who granted the bail or anticipatory bail to the juveniles and place the same along with this present dissenting order before the Chief Justice S.K. Kaul, to refer the matter to an appropriate Bench.

Only Juvenile Board can deal with proceedings, it says