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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Soorya Kiran – Appellant
Versus
State of Kerala – Respondent
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. H
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.
The main legal point established in the judgment is that a juvenile, accused of a heinous crime, should be considered for bail under the provisions of Section 12 of the Juvenile Justice Act, taking i....
The court emphasized that the gravity of the offence alone does not justify denying bail to juveniles; potential dangers to society and the juvenile's welfare must be considered.
Bail for juveniles under the JJ Act is the norm, with denial being an exception, requiring the prosecution to prove reasonable grounds for such denial.
The seriousness of the offence alone cannot justify denying bail to a juvenile under the Juvenile Justice Act. The grounds for denying bail should be based on specific risks outlined in the Act.
Juveniles are entitled to bail under Section 12 of the JJ Act unless there are compelling reasons to deny it, including assessments of their mental capacity.
The gravity of the offense is immaterial in deciding a juvenile's bail application, and bail cannot be rejected in a routine manner. A reasoned order is required when denying bail to a juvenile, and ....
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