IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1714 of 2008() ----------------------------- CRIME NO.162/2008 OF NJARAKKAL POLICE STATION : PETITIONER/ACCUSED ----------------------------------- AKHIL PETER, S/O.PETER, AGED 17 YEARS, CHETTIPARAMBIL HOUSE, ELAMKUNNAPUZHA, MALIPURAM, ERNAKULAM. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1714 of 2008 ---------------------------------------- Dated this the 18th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Section 452 read with 149 I.P.C. The petitioner is a person who has not completed the age of 18 years and hence a child, to whom the provisions of the Juvenile Justice (Care and Protection) Act would apply, it is submitted. 2. According to the petitioner, he is absolutely innocent. He is willing to surrender before the Juvenile Justice Board/Principal Magistrate and seek regular bail. But the petitioner apprehends that he may be arrested before he so surrenders before the Juvenile Justice Board/Principal Magistrate. The petitioner submits that his examination is going on and if he were now arrested, that would upset his performance in the examination. The examinations go on till 27/3/2008. The petitioner shall surrender before the learned Magistrate thereafter and seek regular bail. He may be permitted to write his examination in peace and without any hindrance, it is submitted. B.A.No.1714/08 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner can surrender before the Juvenile Justice Board/Court/the Principal Magistrate and seek regular bail. In view of the very lenient provisions relating to grant of bail to a juvenile/child, it is not necessary for this court to invoke the jurisdiction under Section 438 Cr.P.C in favour of the petitioner. However, the learned Public Prosecutor fairly undertakes that the petitioner shall not be arrested till 31/3/2008. It is made clear that the petitioner must surrender before the learned Magistrate/Court/Board having jurisdiction on or before that date. 4. In the result, this petition is allowed in part. The undertaking of the learned Public Prosecutor that the petitioner shall not be arrested till 31/3/2008 is accepted. The petitioner is directed thereafter to surrender before the court/Magistrate/Board having jurisdiction and seek regular bail in the ordinary course. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1714/08 3 B.A.No.1714/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007