JUDGMENT

Mohamad Abazafree Mohd Abbas JC:

Introduction

[1] This is an application under s 388 of Criminal Procedure Code (" CPC ") for bail pending trial by an Applicant whom is a child.

[2] The Applicant was charged before the Session Court of Kota Bharu, Kelantan under s 12(2) of the Dangerous Drugs Act 1952 ("Act 234") punishable under s 39A(2) of the same Act together with 3 other accused for having in their possession 43.6 gram dangerous drugs of Methamphetamine.

[3] At Session Court of Kota Bharu upon the charge was read, an oral application for bail by the counsel representing the Applicant was denied by the learned Session Court Judge ("SCJ") in lieu of s 41B of Act 234. Hence this application is filed in this Court. The application is supported by an Affidavit in Support ("Encl 2") affirmed by Ab Aziz bin Mohamed and in reply, the Public Prosecutor had filed Affidavit in Reply ("Encl 5") affirmed by Deputy Public Prosecutor Puan Norazlinawati binti Mohd Arshad.

Submissions Of Parties

[4] Learned counsel for the Applicant had urged this Court to grant bail on reason of special circumstances peculiar this case whereas the Applicant in this case is a child aged 16 years. The cru