ANTICIPATORY BAIL 47 of 2015 on 8 March 2000

Arguments

Misc. Case No.47 of 201521.01.2016 The matter was taken up for hearing since the learned counsel for the petitioner submitted that the document as directed to be produced by the petitioner on the adjourned date is available on record.

Learned counsel for the petitioner placed before the Court a certificate of the Headmaster of the School where the petitioner is a student to show his date of birth as 08.03.2000 and hence he is a juvenile.

Heard learned counsel for the petitioner.

It is submitted that ABLAPL No.16798 of 2015 was disposed of by order dated 10.11.2015 directing the petitioner who is a juvenile to surrender before the concerned learned Juvenile Justice Board, Bhadrak within a fortnight thereafter so as to be dealt with according to law. It is further submitted that as per the direction when the petitioner surrendered before the learned Juvenile Justice Board, Bhadrak, his surrender was not accepted since no record was available before the Board relating to the present case. Thus, it has been submitted that since the matter is pending before the learned J.M.F.C.,Basudevpur, the petitioner may be granted with anticipatory bail on such terms and conditions as deemed fit and proper.

Considering the alleged nature of the offence under Section 509 of the I.P.C. anticipatory bail was not granted to the petitioner with a direction to surrender before the Juvenile Justice Board, Bhadrak so as to be dealt with according to law. Hence, granting the bail at this stage cannot be considered.

However, considering the submissions as made before the Court, it is directed that on surrender of the petitioner before the courts below within a fortnight hence and moving application for bail, both the courts below would do well to dispose of the same in course of the day according to law. The order dated 10.11.2015 passed in ABLAPL No.16798 of 2015 is modified to the aforesaid extent..

As an interim measure, the petitioner shall not be arrested in this case till 04.02.20

16. J.P.Das, J.