SARATH RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Section 439 CrPC the petitioner who is a juvenile in conflict with law and the second accused in Crime No. 258 of 2011 of Kilikolloor Police Station for offences under Sections 143, 147, 148, 341, 323 & 302 read with Section 149 IPC, seeks his enlargement on bail. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in 4 other crimes involving very grave offences.

(2.) Even though under Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 hereinafter referred to as ("JJ Act" for short), the release on bail of a juvenile in conflict with law is ordinarily the rule, bail can however be refused if there appear reasonable grounds for believing that the release is likely to bring the juvenile into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. In such an eventuality Sub-section 3 of Section 12 of the JJ Act obliges the Board, instead of committing the juvenile to prison, to make an order sending him to an observation home or a place of safety. It is admitted by both sides that the petitioner is at present housed in an observation home which is the right place to which the petitioner can be sent in view of the Section 12(3) of the JJ Act. Having regard to the antecedents and involvement of the petitioner, refusal of bail by the Juvenile Justice Board and his detention in the observation house is fully justified. I am, therefore, not inclined to grant bail to the petitioner.