1. Petitioner is a juvenile in conflict with law who is proceeded as one among the accused in a crime involving the offence under section 364A r/w 34 IPC. Application for his release on bail moved by his father had been turned down by the juvenile Justice Board vide Annexure 4 order. Petitioner has therefore moved this application under section 439 of the Code of Criminal Procedure, for short the Code for his release on bail.

2. A preliminary objection was raised by the registry over the entertainability of the petition. I have ordered for numbering the petition to consider the objection raised later, and, accordingly, the petition has been numbered.

3. Objection was raised by registry on the premise that a juvenile cannot be called upon to execute a bond and hence his bail application would not lie before this court. Section 441 of the Code no doubt mandates execution of a bond by accused and his sureties for his release on bail. However it has to be noted that where the accused is a minor no bond need be executed by him and the court can accept a bond executed by his sureties. Section 448 of the Code is an exception relieving the minor from the rigour of executing a bond as mandated under section 441 referred to above. Further more, so far as the release of a juvenile in conflict with law on bail provisions of the Juvenile Justice(Care and Protection of Children) Act,2000, hereinafter referred to as the Act, shall prevail over the provisions of the Code as spelt out by sub section (4) of Section 1 of that Act which reads thus:-

“Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juveniles in conflict with law under any such law.”

Bail to juvenile in conflict with law is governed by Section 12 of the Act which provides for his release on bail with or without surety. So much so the objection that juvenile cannot be called upon to execute a bond, on his release on bail is totally irrelevant and that does not impinge his right to seek bail or anticipatory bail as provided by law. I hold that the petition for bail moved by juvenile in conflict with law for his release on bail under section 439 of the Code of Criminal Procedure is entertainable and it has to be disposed on its merits.

4. Crime in which petitioner is proceeded as accused (A7) relates to the alleged abduction of one Akash, aged 20 years, for ransom. Allegation is that A1 to A4 in the crime abducted him from Madurai where he studied in a college, brought him in a vehicle to Nooranad and demanded ransom of Rs.85,000/-for his release from his father, defacto complainant, contacting him over the phone. The other accused in the crime (A5 to A8) had been engaged either to watch the presence of police or to travel with the abducted victim in a vehicle to the spot fixed for collecting the ransom from the de facto complainant, is the further allegation. De facto complainant who was contacted over phone for ransom by one of the abductors informed police of the abduction and thereupon spot fixed for collecting ransom was kept under surveillance. Victim abducted was brought in a vehicle by some of the accused, including A7, to the above spot and, then, noticing the presence of police there they escaped in the vehicle with the victim and kept the victim in illegal confinement till he was later released by police while transported in a motor vehicle by his abductors. Driver of the above vehicle was apprehended by police, but, one among the abductors (A1) who was in that vehicle with the victim ran away and made his good escape. A1 was arrested by police the next day and now he continues in judicial custody. Petitioner (A7), juvenile in conflict with law, allegedly, involved in the crime, was arrested on 14.8.2013. He was produced before the Juvenile Justice Board, which ordered for keeping him in the Observation H