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2012 Supreme(Ker) 795

HIGH COURT OF KERALA
S.S. SATHEESACHANDRAN, J
A.V. Gopakumar
Versus
State of Kerala
CrL. MC. No.3223 of 2012
Decided On: 16-11-2012

Advocates:
Advocate Appeared:
For the Petitioner:C.P. Peethambaran, Advocate.
For the Respondent: R. Ranjith, Public Prosecutor.

Headnote:Criminal Procedure Code, Section 438, Indian Penal Code, Section 11 - Juvenile Justice (Care and Protection of Children) Act, 2000, Sections 6, 10 and 11 - The sessions judge should act according to the provision and exercise the power of the juvenile justice board-pre arrest bail can be applied to the persons who is arrested in non-cognizable offence.

JUDGMENT

The application has been filed by a juvenile, who is proceeded along with the his father as accused in a crime registered for offences punishable under Sections 308 and 323 read with Section 34 of the Indian Penal Code, for short, the ‘IPC’. Both the accused, father and son, jointly moved an application before the Sessions Judge for pre-arrest bail under Section 438 of the Code of Criminal Procedure, for Short, the ‘Code’. Discretionary relief canvassed by the father, who is the 1st accused, was turned down; but, that of the petitioner/juvenile, the 2nd accused, was allowed by the Sessions Judge imposing some conditions vide Annexure-V order. Operative portion of the order passed reads thus:

In the result, the Criminal Miscellaneous Petition is allowed in part and the respondent is directed to enlarge the second petitioner on bail in the event of his arrest on himself executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum of the satisfaction of the arresting officer and subject to the conditions laid down herein below;

1. The second petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 8th October, 2012 for a period of three months or till the filing of the final report in the case in question, whichever is earlier.

2. The second petitioner shall make himself available for interrogation by a Police Officer as and when required.

3. The second petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer.

4. The second petitioner shall not tamper with the evidence or influence the witnesses.

5. The second petitioner shall not involve in any offence while on bail.

In case of violation of any of the aforesaid conditions, the respondent is at liberty to move for cancellation of bail.

2. Among the conditions imposed, the juvenile has been directed to report before the Investigating officer twice a week on the days fixed for a period of three months or till the filling or final report in the crime, whichever is earlier. He is also directed to make himself available for interrogation by a Police officer as and when required. Petitioner has filed the above petition to vacate the above conditions imposed by the learned Sessions Judge contending That such conditions are too harsh for compliance. Petitioner is a student, and, it is stated, after the occurrence involved in the crime he has been forced to shift his studies to a different school. He has produced with the petition Annexures-III and IV, photocopies of the identity cards issued from two different school to show shifting of his studies. Annexure-I is copy of his School leaving certificate wherein his date of birth is shown as 25.02.1996. Asserting that he is totally innocent and has been falsely implicated in the crime, petitioner submits that the direction issued for his reporting before the investigating officer at the police station is too harsh and that will harm his image before the students and teachers. His mental health and academic future will be ruined if he is forced to comply with the conditions, is his further case to seek lifting of those conditions.

3. Annexure-11 is copy of the FIR registered in the crime. Statement of the de facto complainant for registering the crime forms part of it. The gist of the accusation is that the accused, father and son, conjointly assaulted the de facto complainant, and the 1st accused, father, is alleged to have stabbed him with a knife aiming at the chest, which, being warded off, caused an injury to his abdomen. Petitioners/son/2nd accused is alleged to have struck with his hands on the posterior side of the de facto complainant. Statement of the de facto complainant was recorded by the police while he was in hospital after the o














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