IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6789 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, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6789 OF 2011 ------------------------------------------------------ Dated this the 26th day of August, 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 with BAIL APPL. NO. 6789 OF 2011 :: 2 :: 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. The petitioner has filed this application under Section 439 of the Code of Criminal Procedure for the grant of bail. The learned counsel for the petitioner submitted that under Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, the petitioner is entitled to be released on bail. Section 12(1) of the Act provides that a juvenile in conflict with law shall not be released on bail if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. 4. In the facts and circumstances of the case, I am of the view that exceptions under sub-section (1) of Section 12 are available, as BAIL APPL. NO. 6789 OF 2011 :: 3 :: held by the Juvenile Justice Board. I am also of the view that release of the petitioner would defeat the ends of justice. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/