CASE LAW
Minor Anand @ Anantharaj Vs. The Inspector of Police, South Gate Police Station, Madurai City
Crl.O.P.(MD)Nos.2006 and 2007 of 2023 [2024 (1) TLNJ 33 (Criminal)]
Date of Judgment: 08.11.2023
📌Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10(2) & 12:- Combined reading of Sections 10(2) & 12, clears that only in case of refusal or rejection of the bail, the juvenile can be sent to the observation home. It is well within the power of Juvenile Justice Board to get proper enquiry report from the probation officer. For that purpose, it is not desirable to order the juvenile be detained in the observation home. Instead of sending juvenile to home, as an interim measure, may send the juvenile in conflict with law to the custody of the parents / guardians. It is not always necessary that at the first instance, the child must be sent to the observation home, pending the bail application proceedings.