Kerala High Court
Mr.A vs The Sub Inspector Of Police on 30 October, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940
Bail Appl..No. 7027 of 2018
CRIME NO. 558/2018 OF ALOOR POLICE STATION, THRISSUR
PETITIONER/2ND ACCUSED/JUVENILE:
Mr.A,
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BY ADV. SRI.RAJESH CHAKYAT
RESPONDENT/COMPLAINANT:
THE SUB INSPECTOR OF POLICE,
ALOOR, THRISSUR DISTRICT, REP. BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA.
SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7027 of 2018 2
ORDER
This is an application for anticipatory bail filed by a child in conflict with law.
2. The applicant herein is a minor boy aged 16 years. He finds himself arrayed as 2nd accused in Crime No.558 of 2018 of Aloor Police Station registered under Section 376(1) of the Indian Penal Code, Section 6 read with Section 5(1) of the Protection of Children from Sexual Offences Act, 2012 and Section 67(B) of the Information Technology Act, 2000.
3. The 1st accused is alleged to have made acquaintance with the minor victim. He started chatting with her through facebook and on 04.08.2018, he is alleged to have trespassed into the residential home of the child and subjected her to penetrative sexual assault. This was repeated on 20.08.2018 and 23.08.2018. According to the prosecution, the entire acts were allegedly videotaped using the mobile phone of the applicant. The mobile phone was later handed over to the applicant herein who in turn is Bail Appl..No. 7027 of 2018 3 alleged to have circulated the same through social media.
4. The learned counsel appearing for the applicant would contend that the applicant is innocent. According to the learned counsel, the 1st accused is a neighbour and the mobile phone of the applicant herein was taken by him purportedly for installing some applications. The phone was returned after a couple of days. The applicant herein had no occasion to circulate the videos in the social media and even if any offensive act was done, it was by the 1 st accused. The learned counsel would further contend that the applicant has been suffering from seizure disorder since the age of 10 and he is undergoing treatment. He has placed reliance on Annexures-2 and 2A to substantiate his contention. 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 Bail Appl..No. 7027 of 2018 4 opposed the prayer. It is submitted that as and when a child in conflict with law is 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. The Board shall keep in mind that the main allegations are all directed Bail Appl..No. 7027 of 2018 5 against the 1st accused and also the fact that the applicant herein is a sick child. This does not appear to be a case wherein there can be any apprehension that if he is released on bail, he is likely to associate with a known criminal.
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.
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
DSV/31/10/18 //True Copy// P.A.To Judge