IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2053 of 2010()
1. KABEER @ SAMIYULLAH, AGED 17,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.SHAJIN S.HAMEED
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.2053 of 2010
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Dated this the 11th day of June, 2010
ORDER
Petitioner who is the fifth accused in Crime No.250/2010
of Pothencode Police Station for offences punishable under
Sections 143, 147, 148, 323, 324, 308, 452 and 427 read with
Section 149 I.P.C and Section 27 of Arms Act, 1959 seeks a
direction to the Judicial Magistrate of the First Class-I,
Attingal to forward the proceedings as against the petitioner
to the Juvenile Justice Board on the ground that on the date of
occurrence namely 6/5/2010 he was a Juvenile.
2. The prayer of the petitioner can be granted only on
being convinced that the petitioner was a juvenile on the date
of commission of the offence. This Criminal M.C. is disposed
of permitting the petitioner to surrender before the
Magistrate, who after conducting an enquiry into the Juvenilty
of the petitioner shall act accordingly. In case, the petitioner
is found to be a juvenile then the case as against him shall be
forwarded to the Juvenile Justice Board in accordance with the
provisions of the Juvenile Justice (Care and Protection Act),
2000.
V.RAMKUMAR, JUDGE
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