Kerala High Court
Mr.A vs State Of Kerala on 4 December, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 04TH DAY OF DECEMBER 2019 / 13TH AGRAHAYANA, 1941
Bail Appl..No.7036 OF 2019
CRIME NO.4/2019 OF MANNARKKAD FOREST RANGE OFFICE, PALAKKAD
PETITIONER/2ND ACCUSED:
MR.A.
AGED 17 YEARS
X
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.T.V.NEEMA
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI - 31
SRI AJITH MURALI PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7036 OF 2019 2
ORDER
This is an application for anticipatory bail filed by a child in conflict with law.
2. The applicant herein is a boy aged 17 years. He finds himself arrayed as 2nd accused in O.R. No No.4 of 2019 of the Forest Range Office, Social Forestry Range, Mannarkad registered under various provisions of the Wild Life Protection Act, 1972 and under the Captive Elephant (Management and Maintenance) Rules, 2012.
3. The prosecution allegation is that applicant ill-treated an elephant owned by the 1st accused, who is none other than his father.
4. The learned counsel appearing for the applicant contended that the applicant is innocent. The learned counsel submits that if the applicant is arrested and detained, it would cause irreparable injury to his psyche and prays for issuance of appropriate orders. The learned counsel has referred to the decision of this Court in X v. State of Kerala [2018 (3) KHC 223] and it was contended that an application for pre-arrest bail by a child in conflict with law is perfectly maintainable.
5. The learned Public Prosecutor, on the other hand, has opposed the prayer. It is submitted that as and when a child in conflict with law is Bail Appl..No.7036 OF 2019 3 apprehended or detained or appears or is brought before the Board, the provision contained in Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, would apply. He can very well approach the Juvenile Justice Board and seek for bail and unless there are reasonable grounds to believe that granting bail is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger, he is entitled to be released on bail, whatever be the nature of the offence.
6. I have considered the submissions advanced. Sections 12 and 13 of the Juvenile Justice (Care and Protection of Children) Act, 2015, empowers the Juvenile Justice Board to consider the application for bail on his appearance before the said Board and grant him bail. Having gone through the materials on record, I am of the view that necessary directions can be given to the applicant to appear before such Board and the Board can be directed to consider the application in the light of the legal provisions.
7. In the result, the following order is passed:
a) If the applicant appears before the Juvenile Justice Board within a period of 10 days from today and moves and application for bail in the subject crime, the Board shall consider the same and pass orders on its merit on the date of appearance itself. Bail Appl..No.7036 OF 2019 4
b) Till then, the apprehension or detention of the applicant by the police shall be deferred.
I direct the Registry to mask the name of the applicant in the cause title and instead describe the applicant as 'Mr.A'.
This application is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP