XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) These two bail applications are filed by children in conflict with law having been arrayed in Crime No.182 of 2025 of Thamarassery Police Station. They seek their release on bail under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the JJ Act').

(2.) A brawl between a few students in the evening of 27/2/2025, turned out to be fatal to a young boy of fifteen years. Petitioners along with others allegedly assaulted a minor with a 'nunchaku' ( a weapon consisting of two sticks connected with a short chord), inflicting grievous injuries on his head, and later, the injured succumbed to his injuries. A crime was initially registered for the offences under Sec. 126(2), 189(2), 191(2), 109 and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), and after the death of the minor boy, the offence under Sec. 103 of the BNS was also incorporated.

(3.) Petitioners were apprehended and produced before the Juvenile Justice Board (for short the 'JJB') on 1/3/2025, which rejected their bail applications, and sent them to the Observation Home, Kozhikode. Petitioners thereafter approached the Sessions Court, Kozhikode, but without any success, as their applications were dismissed. Afterwards, they approached this Court through separate bail applications, which were also dismissed by a common order dtd. 25/4/2025. Soon thereafter, petitioners filed these bail applications pointing out change in circumstances and seeking their release on bail.