IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1344 of 2008() ----------------------------- CRIME NO.135/08 OF THE FORT COCHIN POLICE STATION PETITIONERS/ACCUSED NOS.2 & 3: ----------------------------------------------- 1. VINU, AGED 22 YEARS, SON OF VIMAL KUMAR, C.C.XI/6917, PATTALAM, KOCHI-1 FORT KOCHI VILLAGE, COCHIN TALUK. 2. SURAJ, AGED 21 YEARS, S/O. SUVARNAN, HOUSE NO.X/1609, AMARAVATHI, COCHIN-1, FORT COCHIN VILLAGE, COCHIN TALUK. BY ADV. SRI.THOMAS CHAZHUKKARAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, FORT KOCHI THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1344 of 2008 ------------------------------------------------- Dated this the 11th day of March, 2008 ORDER Application for anticipatory bail. The petitioners face allegations in a crime registered alleging the commission of the offence punishable under Sec.24 of the Juvenile Justice (Care and Protection of Children) Act (for short `the Act'). The petitioners are allegedly the persons who were responsible for running certain activities in connection with a temple festival. 2. The crux of the allegations is that the students from schools were brought to the temple festival. Some of them were permitted to get on top of the elephants. They were asked to sit their holding the ceremonial umbrellas. An amount of Rs.50/- was paid to such children who took part in the festival. The father of the one of the children took objections to the course adopted and on his complaint, the B.A. No. 1344 of 2008 -: 2 :- crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that in any view of the matter the petitioners cannot be held to have committed any offence under Sec.24(1) of the Act. The crux of the offence under Sec.24(1) of the Act is employment or use of a juvenile or child for the purpose of begging. The allegations do not reveal any elements of the offence under Sec.24(1) of the Act and, in these circumstances, the petitioners are entitled for anticipatory bail. They do not deserve to endure the trauma of arrest and detention. Subject to appropriate conditions, they may be granted anticipatory bail, it is prayed. 4. The learned Public Prosecutor was requested to explain what precisely is the allegation against the petitioners. The learned Public Prosecutor submits that, at the moment, no allegations other than the one under Sec.24(1) of the Act is raised. Called upon to explain the element of begging, if any, involved, the learned Public Prosecutor is unable to substantiate the allegations U/s 24(1). 5. I am satisfied that this is a fit case where directions B.A. No. 1344 of 2008 -: 3 :- under Sec.438 of the Cr.P.C. can and ought to be issued in favour of the petitioners. 6. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 17/3/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18/3/08. Thereafter the petitioners shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender B.A. No. 1344 of 2008 -: 4 :- on 17/3/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 17/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge