Mr.P(Minor) vs The Station House Officer on 3 July, 2018

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Kerala High Court

Mr.P(Minor) vs The Station House Officer on 3 July, 2018

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT:

                THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                TUESDAY, THE 3RD DAY OF JULY 2018 / 12TH ASHADHA, 1940

                                  Bail Appl..No. 4342 of 2018


                  CRIME NO. 816/2018 OF THENMALA POLICE STATION , KOLLAM



PETITIONER(S)/JUVANILE IN CONFLICT WITH LAW:


      MR.P(MINOR),
      17 YEARS,PLUS ONE STUDENT,PUNALUR TALUK SAMAJAM BOYS
      HIGHER SECONDARY SCHOOL,PUNALUR,REPRESENTED BY MOTHER
      AND GUARDIAN,
      SMT.SHEEJA,W/O.OF UTHAMAN,AGED 40 YEARS,KAIRALI BHAVAN,
      KAZHATHURUTHY,ARAYANKAVU,THENMALA,PUNALUR,KOLLAM.


          BY ADV.SRI.B.MOHANLAL


RESPONDENT(S)/COMPLAINANT:

      THE STATION HOUSE OFFICER,
      THENMALA POLICE STATION,KOLLAM DISTRICT,THROUGH THE
      PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.

         BY PUBLIC PROSECUTOR SRI.AMJAD ALI


    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


IAP

                  RAJA VIJAYARAGHAVAN V, J.
                --------------------------------------
                       B.A. No.4342 of 2018
                --------------------------------------
                 Dated this the 3rd day of July, 2018


                              ORDER

This application is filed under B'438 of the Cr.P.C.

2. Admittedly, the applicant herein is a juvenile in conflict with law. He seeks anticipatory bail in Crime No.816 of 2018 of the Thenmala Police Station, registered under B'B' 324, 308, 323 read with B'34 of the IPC.

3. The learned counsel appearing for the applicant refers to the decision of this Court in X v. State of Kerala [2018 (3) KHC 223] and prays that identical directions be issued.

4. The learned Public Prosecutor on instructions submits that a report is being filed before the Juvenile Justice Board reporting the fact of juvenility of the applicant herein. It appears that for reasons best known to the investigating officer, the factum of juvenility has not been reported till date before the Board.

5. Having regard to the facts and circumstances, I am of the view that the applicant can be granted the benefit of B.A.No.4342 of 2018 2 anticipatory bail.

6. In the result, this application will stand allowed and it is ordered as follows:

(i) The applicant shall be released on bail on execution of a bond for a sum of Rs.10,000/-

(Rupees ten thousand only) with two solvent sureties each for the like sum, who shall be his near relatives or other close relatives in the event of apprehension /arrest by the police in Crime No.816 of 2018 of the Thenmala Police Station.

ii) The applicant shall appear before the Juvenile Justice Board as and when he is directed to do so.

Having regard to the facts and circumstances, the name of the applicant shall not be mentioned in the cause title of this order but his name shall be described as 'Mr.P'.

Sd/-

RAJA VIJAYARAGHAVAN V., JUDGE IAP //True Copy\\ P.A to Judge

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