AFSAL IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a juvenile in conflict with law who is proceeded as one among the accused in a crime involving the offence under section 364A r/w 34 IPC. Application for his release on bail moved by his father had been turned down by the juvenile Justice Board vide Annexure 4 order. Petitioner has therefore moved this application under section 439 of the Code of Criminal Procedure, for short the Code for his release on bail.

(2.) A preliminary objection was raised by the registry over the entertainability of the petition. I have ordered for numbering the petition to consider the objection raised later, and, accordingly, the petition has been numbered.

(3.) Objection was raised by registry on the premise that a juvenile cannot be called upon to execute a bond and hence his bail application would not lie before this court. Section 441 of the Code no doubt mandates execution of a bond by accused and his sureties for his release on bail. However it has to be noted that where the accused is a minor no bond need be executed by him and the court can accept a bond executed by his sureties. Section 448 of the Code is an exception relieving the minor from the rigour of executing a bond as mandated under section 441 referred to above. Further more, so far as the release of a juvenile in conflict with law on bail provisions of the Juvenile Justice(Care and Protection of Children) Act,2000, hereinafter referred to as the Act, shall prevail over the provisions of the Code as spelt out by sub section (4) of Section 1 of that Act which reads thus:-