K. VIGNESH Vs. STATE

JUDGEMENT

(1.) The Hon'ble The Chief Justice has referred to this Division Bench to answer the following question of law:

(2.) The above reference was made in view of the conflicting orders on this important legal issue. In Crl.O.P.No.6590 of 2015 a learned Single Judge has taken the view that an application under Section 438 Cr.P.C. at the instance of a juvenile in conflict with law seeking anticipatory bail is maintainable. Another learned Single Judge in Karkuvel, Minor, v. State, decided on 08.05.2014, has also taken the same view. But quite contrary to the same, subsequently, another learned Single Judge of this Court in Crl.O.P.No.22361 of 2015 took the view that such an application under Section 438 Cr.P.C. for anticipatory bail at the instance of a juvenile in conflict with law is not at all maintainable. The learned Judge has relied on two judgments of the Madhya Pradesh High Court in Satendra Sharma v. State of Madhya Pradesh in Mc.Rc.No.4183 of 2014 dated 08.07.2014 and Kapil Durgawani v. State of Madhya Pradesh reported in 2010 (IV) MPJR 155 and another judgment of Chattisgarh High Court in Preetam Pathak v. State of Chattisgarh in M.Cr.C.(A) No.1104 of 2014. These two Hon'ble High Courts have also taken the view that such a petition is not at all maintainable. Subsequently, another Hon'ble Judge of this Court (Hon'ble Mr.Justice P.N.Prakash) has changed his earlier view' and has taken the view that such a petition is not maintainable. The Hon'ble Judge has interpreted the relevant provisions of law and also referred to various judgments to come to the above conclusion. We wall discuss about the same a little later.

(3.) Apart from these orders, there are several orders passed by a number of Hon'ble Judges sitting Single taking contrary views. Thus, the issue remains volatile and the law remains uncertain. It is needless to point out that the hallmark and , strength of law is its certainty. Uncertainty in understanding a law and interpreting the same will only result in chaos and confusion in the implementation of the law. Hence, this reference by the Hon'ble The Chief justice.