IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2577 of 2009 CRIME NO.93 OF 2009 OF EAST KALLADA POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ SUMESH.O., S/O.OMANAKUTTAN, AGED 17 YEARS, SUMESH BHAVANAM, VILLIMANGALAM, MUNROETHURUTHU P.O., KOLLAM, REP.BY FATHER OMANAKUTTAN. BY ADV. SRI. K.SIJU RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2577 OF 2009 F ------------------------------------------------------ Dated this the 27th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 93 of 2009 of the East Kallada Police Station. 2. The offence alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 308 of the Indian Penal Code. 3. There are six accused persons in the case. It is submitted that all the other accused were arrested and they were released on bail. The petitioner is aged only seventeen years. Learned counsel for the petitioner submitted that Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 would apply and that the petitioner is entitled to be released on bail if he is produced before the Juvenile Justice Board. Learned Public Prosecutor submitted that the date of birth of the petitioner was brought to the notice of the Court and, therefore, the allegation made in the Bail Application is not correct. 4. Taking into account the facts and circumstances of the case, B.A. NO. 2577 OF 2009 F :: 2 :: the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his parents executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall surrender before the Juvenile Justice Board within a period of one month. 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/