Juveniles in conflict with law are entitled to bail, but this right is not absolute and can be denied based on the seriousness of the offence and potential risks to their safety.

ORDER :

JOBIN SEBASTIAN, J.

[B.A. Nos. 5636/2025, 5648/2025, 5652/2025, 5657/2025]

These bail applications are filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS).

2. Out of the above-mentioned bail applications B.A.No.5636/2025 has been preferred by the children in conflict with law Nos.1 and 5, B.A. Nos.5648/2025 and 5652/2025 have been respectively preferred by the children in conflict with law Nos.2 and 6, and B.A. No.5657/2025 has been preferred by the children in conflict with law Nos.3 and 4, all involved in crime No.182/2025 of Thamarassery Police Station.

3. The prosecution allegation is that on 27.02.2025 between 5 p.m. and 7 p.m. at City Mall compound Thamarassery, children in conflict with law Nos.1 to 6 along with 15 other identifiable persons formed themselves into an unlawful assembly armed with deadly weapons and in prosecution of the common object of the said assembly they wrongfully restrained a minor boy aged 15 years, assaulted him and inflicted grievous injuries on him using dangerous weapons. Immediately after the incident, though the injured boy was taken to the Medical College Hospital, Kozhikode, he succumbed to the injuries on the same day.

4. Heard the learned counsels appearing for the petitioners/children in conflict with law, as well as the learned Public Prosecutor. I also heard the counsel appearing for the victim’s father and perused the records made available by both sides.

5. The learned counsel for the petitioners would submit that the petitioners, being below the age of 18 years, are entitled to get bail in view of the provision contained under Section 12 of the Juvenile Justice (Care and Protection) of Children Act, 2015. It was strenuously contended that the petitioners had been falsely implicated in this case without any materials. According to the counsels, there are no materials to show that if the juveniles are released on bail, their release is likely to bring them into association with any known criminals, expose them to moral, physical, or psychological danger, and would defeat the ends of justice. It was further contended that the petitioners are undergoing judicial incarceration for more than 56 days and their further retention in the observation home will not serve any purpose, especially when their parents/guardians are ready to take proper care of them.

6. In response, the learned Public Prosecutor as well as the counsel appearing for the defacto complainant contended that the releasing of the petitioners on bail is not at all desirable, considering the heinous nature of the offence committed by them. According to the learned Public Prosecutor, the offence alleged in this case was a pre-planned one executed meticulously. It was further contended that the incident in this case sparked serious protests and public outcry in the locality, and the incident still remains sensitive. According to the learned Public Prosecutor, if the petitioners are released on bail, there is every likelihood of their lives being endangered. Moreover, it is submitted that releasing them on bail would likely bring them into association with known criminals and expose them to moral, physical, as well as psychological danger, and their release would certainly defeat the ends of justice.

7. From a perusal of the records, it is discernible that the accusation against the petitioners/children in conflict with law, is prima facie well-founded. The allegation that the petitioners unleashed violence in a public place with dangerous weapons and attacked a minor student aged only 15 years, in a beastly manner, and murdered him, cannot be viewed lightly. Nonetheless, it is an admitted fact that all the petitioners herein who are facing the allegation of murder are below the age of 18 years. The petitioners being juveniles in conflict with the law, certainly some leniency should be shown in their favour, in the matter of bail. In view of Section 12 of the Juvenile Justice Act, ordinarily, the Juvenile Just