IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7535 of 2007()
1. VIPIN, S/O. LATHA, MINOR, AGED 16 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.B.MOHANLAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/12/2007
O R D E R
R. BASANT, J.
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B.A.No. 7535 of 2007
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Dated this the 10th day of December, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations in a crime registered for offences punishable under
Section 379 r/w. 34 I.P.C. The petitioner claims to be a juvenile,
having not completed the age of 18 years on the date of the
commission of the offence. He has produced before this Court
Annex.I, which shows that the petitioner was born on 2.8.1991.
The alleged incident had taken place on 26.9.2007.
2. The learned counsel for the petitioner submits that the
petitioner is entitled to bail as a matter of right in view of the
provisions of the Juvenile Justice (Care and Protection of
Children) Act. The petitioner is also willing to appear before the
Juvenile Justice Board/Principal Magistrate. But in as much as
the prosecution has not filed any report before the Juvenile
Justice Board, the petitioner is unable to surrender before the
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Juvenile Justice Board. He is willing to offer any appropriate
safeguards and is willing to comply with the conditions. He, a
juvenile, may be spared of the risk of arrest and incarceration by the
police, it is prayed.
3. The learned Prosecutor does not oppose the application. He
further submits that the petitioner is not alleged to have any dominant
role in the alleged theft. The other two miscreants had allegedly
snatched the gold chain from the possession of the victim. The chain
was allegedly handed over to the petitioner herein. Recovery has not
been effected. Appropriate opportunity to question the petitioner may
be given to the Investigator, submits the learned Prosecutor.
4. I am satisfied in the facts and circumstances of the case that
subject to appropriate conditions, anticipatory bail can be granted to
the petitioner.
5. In the result:
(1) This application is allowed in part.
(2) The following directions are issued under Section 438
Cr.P.C.
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a) The petitioner shall surrender before the Juvenile Justice
Board/ Principal Magistrate on 17.12.2007 at 11 a.m. He may file
application for regular bail after giving sufficient prior notice to the
learned Prosecutor in charge of the case. Needless to say, it shall be
open to the Investigator, if that be necessary, to make application
before the learned Magistrate for opportunity to question the petitioner
through an appropriate police officer as contemplated under the
Juvenile Justice Act. The petitioner shall abide by the conditions to
be imposed by the learned Magistrate. On or before that date, the
police shall make appropriate report to the Juvenile Justice
Board/Principal Magistrate.
(b) If the petitioner does not appear before the learned
Magistrate as directed in clause (1) above, these directions shall
lapse on 17.12.07 and the police shall be at liberty thereafter to arrest
the petitioner and deal with him in accordance with law.
(c) If the petitioner were arrested prior to his surrender on
17.12.2006 as directed in clause (1) above, he shall be released on his
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executing a bond for Rs. 25,000/- without any surety undertaking to
appear before the learned Magistrate on 17.12.2007.
(R. BASANT)
Judge
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