IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7292 of 2011 CRIME NO.805 OF 2011 OF PUTHOOR POLICE STATION, KOLLAM DISTRICT PETITIONER: JUVENILE IN CONFLICT WITH LAW ------------------------------ SANILKUMAR, AGED 18 YEARS, S/O.KUNJU PILLAI, THARAYIL THEKKETHIL VEEDU, EDATHITTA MURI, KODUMUN VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7292 OF 2011 ------------------------------------------------------ Dated this the 22nd day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is a juvenile in conflict with law. He is accused of an offence under Section 376 of the Indian Penal Code in Crime No.805 of 2011 of Puthoor Police Station, Kollam District. 2. The allegation is that the petitioner committed rape of his mother's sister's daughter, aged 13 years. The petitioner was produced before the Juvenile Justice Board, Kollam on 11.8.2011 and he was detained in juvenile home. An application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act was filed before the Juvenile Justice Board, Kollam, which was rejected as per the order dated 12th August, 2011. The Juvenile Justice Board held thus: “The grounds advanced for getting bail is that the JCL never committed the offence, he will not contact BAIL APPL. NO.7292 OF 2011 :: 2 :: with other criminals, he never involve in any crime etc. On going through the available materials on records, considering the argument and viewing in all angle, I am of opinion that the prayer is if granted, then there is every possibility to associate with known criminals. Further the offence alleged against him is graver in nature as well as against the safety of the society. In these circumstances, I am not inclined to entertain the prayer now.” 3. B.A.No.6789 of 2011 filed by the petitioner was dismissed by the order dated 26th August, 2011. The investigation has progressed much thereafter. It is submitted by the learned counsel for the petitioner that if the petitioner is not granted bail, it would cause irreparable injury to him. The counsel submits that there would be no danger of the petitioner being in association with known criminals. The parents of the petitioner can assure that no moral, physical or psychological danger would occur to the petitioner, in case bail is granted. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of BAIL APPL. NO.7292 OF 2011 :: 3 :: investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rupees Ten thousand with two solvent sureties for the like amount, of whom one of the sureties shall be the father or mother of the petitioner, to the satisfaction of the Juvenile Justice Board, Kollam, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/