(3)if the child has a parent or legal guardian, no order shall be made under this section unless(a)the parent or legal guardian has been convicted of or committed for trial for the offence or has been bound over to keep the peace towards the child or cannot be found, or(b)the court has reason to believe that the parent or legal guardian has either been party or privy to the offence or has by any act or omission facilitated the offence, or is otherwise unfit to have the care of the child:Provided that if the court think fit, it may, on such parent or guardian giving an undertaking with or without sureties in a prescribed form to the court allow such child to remain in the custody of ouch parent or legal guardian subject to the supervision of a person named by the Court,
