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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas,J
Xxx – Appellant
Versus
State Of Kerala – Respondent
ORDER :
BECHU KURIAN THOMAS, J.
These two bail applications are filed by children in conflict with law having been arrayed in Crime No.182 of 2025 of Thamarassery Police Station. They seek their release on bail under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the JJ Act').
2. A brawl between a few students in the evening of 27.02.2025, turned out to be fatal to a young boy of fifteen years. Petitioners along with others allegedly assaulted a minor with a ‘nunchaku’ ( a weapon consisting of two sticks connected with a short chord), inflicting grievous injuries on his head, and later, the injured succumbed to his injuries. A crime was initially registered for the offences under sections 126(2), 189(2), 191(2), 109 and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS ’), and after the death of the minor boy, the offence under section 103 of the BNS was also incorporated.
3. Petitioners were apprehended and produced before the Juvenile Justice Board (for short the ‘JJB’) on 01.03.2025, which rejected their bail applications, and sent them to the Observation Home, Kozhikode. Petitioners thereafter approached the Sessions Court, Koz
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.
Bail should generally be granted to juveniles, with serious offenses not excluding this unless specific safety or justice concerns arise. Emphasis on rehabilitation within the juvenile justice system....
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for d....
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
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.
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