The High Court of Kerala granted anticipatory bail to the petitioner under Section 438 CrPC in a criminal case alleging violation of the Juvenile Justice Act, 2000. Bail was conditional upon surrender for regular bail within one month.
Anticipatory bail for one month on executing bond with sureties, conditioned on surrender for regular bail before expiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933
Bail Appl..No. 5155 of 2011() ----------------------------CRIME NO.1360/2011 OF HILL PALACE POLICE STATION, THRIPUNITHURA
PETITIONER :
M.J.JOSE, MAMPILLY, EROOR SOUTH, THRIPUNITHURA.
BY ADV. SRI.K.K.SATHEESH
RESPONDENT(S): --------------STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.5155 of 2011
Dated this the 5th day of July, 2011
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1360 of 2011 of Hill Palace Police Station.
a minor child, aged 10 years, in his house for the purpose of hazardous employment.
BA 5155/2011
2
working in the house of the petitioner, her child, the alleged victim, was also residing in the petitioner's house. Thereafter, when the mother of the child had to go for other duties, she entrusted the child to the petitioner for a short stay in the house of the petitioner.
case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner.
There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:
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The Bail Application is allowed to the extent indicated
above.
K.T.SANKARAN
JUDGE
csl
2 issues framed by the court
Whether anticipatory bail can be granted to a petitioner accused of employing a minor for hazardous employment under Section 26 of the Juvenile Justice Act, 2000, given the circumstances of the case.
What conditions should be imposed for the grant of anticipatory bail in a charge related to child welfare offenses?
2 provisions across 2 enactments
M.J. Jose
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
