Muhammed Nihal vs State Of Kerala on 6 January, 2025
7. Sec. 12 (1) of the JJ Act says that when any
person, who is apparently a child and is alleged to have
committed a bailable or non-bailable offence, is apprehended or
detained by the police or appears or brought before a Board,
such person shall, notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released on bail with or
without surety or placed under the supervision of a Probation
Officer or under the care of a fit person. The proviso to Sec. 12
(1) says that such person shall not be so released if there
appears reasonable grounds for believing that the release is
likely to bring that person into association with any known
criminal or expose the said person to moral, physical or
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psychological danger or the persons release would defeat the
ends of justice, and the Board shall record the reasons for
denying the bail and circumstances that led to such a decision.
The reason for rejecting the bail application is that the offence
alleged is heinous. That will not come within the purview of
proviso to Sec. 12 (1) of the JJ Act. Moreover, the Apex Court in
the order dated 14.08.2024 in SLP (Crl.) No. 9566/2024
observed that from the phraseology used in sub-section 1 of
Sec. 12, a juvenile in conflict with law has to be necessarily
released on bail with or without surety or placed under the
supervision of a probation officer or under the care of any fit
person, unless proviso is applicable. This Court in Afsal
Ibrahim v. State of Kerala [2013 (4) KHC 30] considered the
question of granting bail to a juvenile. In the light of the above
dictum, I am of the considered opinion that the petitioner can
be released on bail, after imposing conditions. One of the
sureties shall be the parent of the petitioner. Therefore, this
bail application can be allowed, after imposing stringent
conditions.