IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1714 of 2008()
1. AKHIL PETER, S/O.PETER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.P.K.RAVISANKAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/03/2008
O R D E R
R.BASANT, J.
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B.A.No.1714 of 2008
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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