HC refuses plea to direct JJB on surrender of juveniles

The Madras High Court today refused to direct Juvenile Justice Board to accept the surrender of five petitioners, arrested in connection with various criminal cases, and consider their bail application on the same day that they had given themselves up.
Dismissing a batch of petitions filed on behalf of the juveniles, Justice P N Prakash said that as per the New Juvenile Justice (Care and Protection of children) Act 2016, those involved in bailable or non-bailable crimes should not be released if there appeared reasonable grounds to believe that in doing so, it was likely to bring that person in association with any known criminal or expose them to moral, physical or psychological danger.

In a given case, whether a juvenile in conflict with law would be exposed to moral, physical or psychological danger was a fact that could be assessed only by JJB, where members were trained to gauge the situation, the judge said.
"This court cannot give a blanket order in all the cases to the JJB to release the juveniles," he said.
Quoting two examples, he said that in one case a juvenile had allegedly passed derogatory remarks against a woman of another community, which could cause communal violence.
In the teeth of such serious allegations, if he was released on bail on the same day, there was a possibility of outbreak of communal violence in the village.

In another case one the juvenile had stabbed a victim. Here also the JJB should have to assess if there was any danger to juvenile if he was released, the judge said.
The source of power for granting bail to a juvenile in conflict with law was not traceable to the criminal procedure code, the judge said.
"The court has no jurisdiction to give such a direction as prayed by the petitioners in matters concerning special statute like Juvenile Justice Act and directing the board to act in breach of law, however noble it may seem to appear," the judge said, dismissing the petition.