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2013 Supreme(Ker) 544

S.S.SATHEESACHANDRAN
Afsal Ibrahim – Appellant
Versus
State of Kerala, represented by The Sub Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:A. Shafeek (Kayamkulam), Advocate.
For the Respondent: Mrs. T.Y. Laliza, Public Prosecutor.

Judgment :

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 b

















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