High Court Kerala High Court

Vipin vs State Of Kerala Represented By The on 10 December, 2007

Kerala High Court
Vipin vs State Of Kerala Represented By The on 10 December, 2007
       

  

  

 
 
  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.
                   - - - - - - - - - - - - - - - - - - - - - -
                     B.A.No. 7535 of 2007
                   - - - - - - - - - - - - - - - - - - - - - -
           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

B.A.No. 7535 of 2007
2

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.

B.A.No. 7535 of 2007
3

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

B.A.No. 7535 of 2007
4

executing a bond for Rs. 25,000/- without any surety undertaking to

appear before the learned Magistrate on 17.12.2007.

(R. BASANT)
Judge

tm