N/A v. Shamila Begam, Abdul Liftoff Mohamed Razeem – sllr 1989 volume 2 page 239

In the case between the petitioner (2nd suspect) and the respondents including Shamila Begam (3rd suspect) and the Magistrate, the court addressed the issue of whether the Magistrate possessed the authority to release the 3rd suspect to her parents’ custody when she was charged under Section 357 of the Penal Code. It was held that the Magistrate’s order was erroneous and exceeded jurisdiction, particularly in treating the alleged victim as a suspect. The principle reaffirmed is that when a minor is the victim in cases under Section 357, appropriate bail or bond provisions must be considered, aligning with the precedent in Vythiyalingam v. Gnanapathipillai. The decision emphasized the necessity of a judicial process for such releases, directing that the 3rd suspect be produced before the Ma