GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The application has been filed by a juvenile, who is proceeded along with his father as accused in a crime registered for offences punishable under Ss. 308 and 323 read with S. 34 of the Indian Penal Code, for short, the 'IPC.' Both the accused, father and son, jointly moved an application before the Sessions Judge for pre-arrest bail under S. 438 of the Code of Criminal Procedure, for short, the 'Code'. Discretionary relief canvassed by the father, who is the 1st accused, was turned down; but, that of the petitioner/juvenile, the 2nd accused, was allowed by the Sessions Judge imposing some conditions vide Annexure-V order. Operative portion of the order passed reads thus:

(2.) Annexure II is copy of the F.I.R. registered in the crime. Statement of the de facto complainant for registering the crime forms part of it. The gist of the accusation is that the accused, father and son, conjointly assaulted the de facto complainant, and the 1st accused, father, is alleged to have stabbed him with a knife aiming at the chest, which, being warded off, caused an injury to his abdomen. Petitioner/son/second accused is alleged to have struck with his hands on the posterior side of the de facto complainant. Statement of the de facto complainant was recorded by the police while he was in hospital after the occurrence. I have adverted to the gist of the accusation only for the purpose of taking note of the allegations imputed against the petitioner/juvenile to proceed against him for the offences imputed with the co-accused, his father.

(3.) Crime registered against the petitioner for the offences imputed shows that he is a juvenile in conflict with law as defined under the Juvenile Justice (Care & Protection of Children) Act, 2000, hereinafter referred to as the 'Act'. A juvenile in conflict with law apprehending arrest in a non-bailable offence, no doubt, will be entitled to seek the discretionary relief of pre-arrest bail envisaged under S. 438 of the Code. That Section takes within its ambit "any person" to seek such relief when he has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence. "Person" is not defined under the Code. However, it is to be noticed where the word is not defined under the Code, the definition, if any, given for such word in the IPC has to be assigned for such word used in the Code. S. 2(y) of the Code states thus: