This court dismissed a bail application under Section 438 CrPC for a minor accused of attempting to knock down a person. The court held that no anticipatory bail can be invoked for a juvenile as they cannot be sent to jail under the Juvenile Justice Act. (30 words)
Application dismissed; jurisdiction under Section 438 CrPC not invoked.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 9TH DAY OF MAY 2014/19TH VAISAKHA, 1936
Bail Appl..No. 2762 of 2014 ()
------------------------------CRIME NO. 201/2014 OF PERUMPADAPPU POLICE STATION, MALAPPURAM
PETITIONER / ACCUSED :
SHIHAB M. S/O.YOOSAF, AGED 17 YEARS MENAMTHOTTIL HOUSE, AYIROOR DESOM PERUMPADAPPA, MALAPPURAM DISTRICT REPRESENTED BY HIS FATHER YOOSAF, MENAMTHOTTIL HOUSE AYIROOR DESOM, PERUMPADAPPA, MALAPPURAM DISTRICT.
BY ADV. SRI.SANTHEEP ANKARATH
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM REPRESENTING STATION HOUSE OFFICER PERUMPADAPPA POLICE STATION PIN 679 580 MALAPPURAM DISTRICT.
BY PUBLIC PROSECUTOR SMT. BINDU GOPINATH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K. ABRAHAM MATHEW, J.
B.A. No. 2762 OF 2014
Dated this the 9th day of May, 2014
O R D E R
Petition filed under Section 438 Cr.P.C.
him is that by riding a motor cycle he attempted to knock down one
Habeeb and thus committed the offence under Section 308 I.P.C.
Public Prosecutor.
facts of the case, I do not think that it is proper for this Court to invoke the jurisdiction of this Court under Section 438 Cr.P.C.
In the result, this application is dismissed.
K. ABRAHAM MATHEW, JUDGE
ttb
1 issue framed by the court
Whether anticipatory bail can be granted to a juvenile accused of an offence under Section 308 IPC.
2 provisions across 2 enactments
Shihab M.
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
