Xxxxxx vs State Of Kerala on 11 June, 2025

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Kerala High Court

Xxxxxx vs State Of Kerala on 11 June, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

B.A. Nos.6291 & 6302/2025                  1

                                                           2025:KER:40864

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

       WEDNESDAY, THE 11TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947

                            BAIL APPL. NO. 6291 OF 2025

      CRIME NO.182/2025 OF Thamarassery Police Station, Kozhikode

           AGAINST THE ORDER DATED 25.04.2025 IN Bail Appl. NO.5636 OF

                            2025 OF HIGH COURT OF KERALA

PETITIONERS/CCL NO.1, 3 TO 6:

       1        xxx

       2        xxx

       3        xxx

       4        xxx

      *5        xxx

                (*ADDL.R5 IS IMPLEADED AS PER ORDER DATED 09/05/2025 IN
                CRL.MA.2/2025 IN BA NO.6291/2025)


                BY ADV SRI.K.M.FIROZ


RESPONDENTS/STATE/COMPLAINANT:

       1        STATE OF KERALA,
                REPRESENTED BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA,
                ERNAKULAM, PIN - 682031

       2        THE STATION HOUSE OFFICER,
                REPRESENTED BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA, PIN - 682031

       3        MUHAMMED IQUBAL K.,
                AGED 48 YEARS, S/O. ABDUL KHADER P.K.,
 B.A. Nos.6291 & 6302/2025                       2

                                                                       2025:KER:40864

                RESIDING AT PALORAKKUNNUMMAL,
                THAMARASSERY P.O., CHUNGAM,
                KOZHIKODE, PIN - 673573


                BY ADVS.
                SRI.C.K.SURESH, PUBLIC PROSECUTOR
                SRI.KODOTH SREEDHARAN
                SRI.K.P.MUHAMMAD ARIF
                SHRI.ABDUL JALEEL.U.K
                SHRI.CHACKOCHEN VITHAYATHIL




       THIS      BAIL       APPLICATION     HAVING   COME   UP   FOR    ADMISSION    ON
26.05.2025,        ALONG      WITH   Bail     Appl.NO.6302/2025,       THE   COURT   ON
11.06.2025 DELIVERED THE FOLLOWING:
 B.A. Nos.6291 & 6302/2025                  3

                                                           2025:KER:40864


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

       WEDNESDAY, THE 11TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947

                            BAIL APPL. NO. 6302 OF 2025

      CRIME NO.182/2025 OF Thamarassery Police Station, Kozhikode

           AGAINST THE ORDER DATED 25.04.2025 IN Bail Appl. NO.5648 OF

                            2025 OF HIGH COURT OF KERALA

PETITIONER/CCL NO.2:

                xxx


                BY ADV SRI.JACOB E SIMON


RESPONDENTS/STATE/COMPLAINANT:

       1        STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA, PIN - 682031

       2        XXXXXXXXXX
                XXXXXXXXXX XXXXXXXXXX

       3        MUHAMMED IQUBAL.K.
                S/O. ABDUL KHADER P.K., AGED 48 YEARS,
                RESIDING AT PALORAKKUNNUMMAL,
                THAMARASSERY P.O., CHUNGAM,
                KOZHIKODE, PIN - 673573


                BY ADVS.
                SRI.C.K.SURESH, PUBLIC PROSECUTOR
                SRI.KODOTH SREEDHARAN
                SRI.K.P.MUHAMMAD ARIF
                SHRI.ABDUL JALEEL.U.K
                SHRI.CHACKOCHEN VITHAYATHIL
 B.A. Nos.6291 & 6302/2025                       4

                                                                       2025:KER:40864




       THIS      BAIL       APPLICATION     HAVING   COME   UP   FOR    ADMISSION    ON
26.05.2025,        ALONG      WITH   Bail     Appl.No.6291/2025,       THE   COURT   ON
11.06.2025 DELIVERED THE FOLLOWING:
 B.A. Nos.6291 & 6302/2025                       5

                                                                     2025:KER:40864



                                                                           "C.R."

                               BECHU KURIAN THOMAS, J.
                             -------------------------------------
                              B.A. Nos.6291 & 6302 of 2025
                             -------------------------------------
                            Dated this the 11th day of June, 2025

                                           ORDER

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 section 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 27.02.2025, 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 sections 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 section 103 of the BNS was also incorporated.

3. Petitioners were apprehended and produced before the Juvenile

Justice Board (for short the ‘JJB’) on 01.03.2025, which rejected their bail

applications, and sent them to the Observation Home, Kozhikode. Petitioners

thereafter approached the Sessions Court, Kozhikode, but without any success,
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as their applications were dismissed. Afterwards, they approached this Court

through separate bail applications, which were also dismissed by a common

order dated 25.04.2025. Soon thereafter, petitioners filed these bail

applications pointing out change in circumstances and seeking their release on

bail.

4. Sri. K.M. Firoz, the learned counsel for the petitioners contended that

the children in conflict with law have been in custody from 01.03.2025 and

some of them, from 04.03.2025 onwards. According to the learned counsel,

almost 90 days are over and petitioners continue to remain in the Observation

Home, which is contrary to the scheme of the statute. The learned counsel

asserted that the scope of section 12 of the JJ Act have not been properly

comprehended by the courts since denial of bail to a juvenile must be an

exception. The learned counsel referred to various decisions in support of his

contentions. It was also submitted that considering the scheme of the JJ Act,

petitioners ought to be released on bail.

5. Sri. C.K Suresh, the learned Public Prosecutor contended that the

children in conflict with law (for short ‘CCL’) had committed a brutal and pre-

planned murder of another young student and hence releasing them on bail

would send a wrong message to the society. It was also submitted that

granting them bail may even result in harm to the CCL themselves, as the

public are agitated by the crime and their release will expose them to

psychological, moral and physical danger and also defeat the ends of justice.

The learned Public Prosecutor further pointed out that the materials collected
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during investigation has even revealed the support given by one of the parents

of a CCL in criminal activities and therefore the parents are not fit persons to

place the petitioners in custody and that even the petitioners will become

associated with other criminals in the society and hence they ought not to be

released on bail.

6. Sri. Kodoth Sreedharan, the learned counsel for the defacto

complainant in his impressive arguments submitted that keeping the CCL in an

Observation Home itself is a measure of reformative action and therefore bail

ought not to be granted. It was also submitted that the findings in the order of

this Court on 25.04.2024, while dismissing their earlier bail applications,

restricts the consideration of another application soon thereafter. It was

submitted, by referring to the provisions of section 12 of the JJ Act, that the

power under the said provision has to be exercised by the JJB in exercise of its

original jurisdiction and not by this Court, since petitioners’ applications before

the Sessions Court and this Court have already been dismissed once. It was

further pointed out that section 12 read with the provisions of section 1(4) of

the JJ Act restricts the power of this Court to consider these applications again

in its original jurisdiction under section 483 of the Bharatiya Nagarik Suraksha

Sanhita, 2023 (for short ‘the BNSS’). The learned counsel referred to the

decision in State of Gujarat v. Salimbhai Abdulgaffar Shaikh and Others

[(2003) 8 SCC 50] apart from the decision in Tejram Nagrachi (Juvenile) v.

State of Chattisgarh [2019 CriLJ 4017].

7. On an appreciation of the rival contentions, the following issues arise
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for consideration; (i). Can the High Court in its original jurisdiction consider

these bail applications under section 12 of the JJ Act? (ii). Can the retention of

a child in conflict with law in an Observation Home be treated as a reformative

measure and retain the CCL in such Home for longer periods? and (iii). Are the

petitioners entitled to be released on bail?

8. Before addressing the above issues, it is necessary to have a brief

insight into the salient features of the JJ Act to the extent it is relevant to the

case on hand. Petitioners were apprehended, alleging the commission of

murder of another boy, who was only 15 years in age. Petitioners are all

students of the same age as the deceased. Legally, petitioners cannot be tried

as adults, despite the heinous nature of their crime.

9. The JJ Act deals with children who are in conflict with law or those

who are in need of care and protection. Distinct from the conservative

concepts of retribution and repression as being the objectives of criminal

justice, the JJ Act seeks to rehabilitate and reform the juvenile in conflict with

law by providing a child friendly approach in the adjudication and disposal of

matters related to a juvenile. Despite laying down a child friendly approach in

all the procedures under the JJ Act with the paramount consideration of best

interest of the child as a priority, the statute focuses on providing social

reintegration of a child in conflict with law leading towards reformation. While

section 2(12) of the Act defines a ‘child’ as a person who has not completed

the age of 18, a ‘child in conflict with law’ is defined in section 2(13), as a child

who is alleged or found to have committed an offence and who has not
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completed eighteen years of age on the date of commission of offence. Of

course, in respect of children above the age of 16, who have committed a

heinous offence, the statute enables such juveniles to be treated as adults.

10. The Juvenile Justice Boards are responsible primarily for handling

children in conflict with law. When a child in conflict with law is brought before

the JJB, section 12 of the JJ Act stipulates as a mandate, that the child shall be

released on bail. Releasing the child in conflict with law on bail is the

underlying feature of the provision and denial, an exception. Section 3 of the JJ

Act lays down the fundamental principles that should be borne in mind by all

agencies while implementing the provisions of the JJ Act. The best interest of a

juvenile shall, as per section 3(iv) of the JJ Act, be the primary consideration,

unlike the general law. Further, concepts like family as having the primary

responsibility of care and protection of the child, adoption of positive measures

to provide an inclusive and enabling environment to reduce vulnerabilities of

children, the right to be reunited with his family at the earliest and to be

restored to the same socio-economic and cultural status as the child was in,

before coming under the purview of the JJ Act, placing a child in institutional

care to be the last resort, are various guiding factors while implementing the JJ

Act. Thus the thread that runs through the entire gamut of the JJ Act is

rehabilitation of the child to enable him to reintegrate into the society and

ultimately pave the way for reformation of the child in conflict with law. The

above salient aspects of the JJ Act are required to be borne in mind while

dealing with the issues arising in this case.

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Issue No. (i). Can the High Court in its original jurisdiction consider these bail

applications under section 12 of the JJ Act?

11. To answer the question mentioned above, it is appropriate to extract

Section 12(1) of the JJ Act, which reads as follows:

“12. Bail to a person who is apparently a child alleged to be in
conflict with law.–(1) When any person, who is apparently a child and
is alleged to have committed a bailable or non-bailable offence, is
apprehended or detained by the police or appears or brought before a
Board, such person shall, notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the
time being in force, be released on bail with or without surety or placed
under the supervision of a probation officer or under the care of any fit
person:

Provided that such person shall not be so released if there appears
reasonable grounds for believing that the release is likely to bring that
person into association with any known criminal or expose the said
person to moral, physical or psychological danger or the persons release
would defeat the ends of justice, and the Board shall record the reasons
for denying the bail and circumstances that led to such a decision.”

12. A reading of the above extracted provision will reveal that, in matters

of bail, by virtue of the non obstante clause, a child, alleged to be in conflict

with law has to be dealt with under section 12 of the Act. Apart from the non

obstante clause in the said provision, section 5 of BNSS also makes it evident

that when a child in conflict with law is apprehended or detained by the police,

the question of grant of bail has to be dealt with by the said provision and

none else. Of course, the situation is different when the CCL seeks for an

anticipatory bail as held in X v. State of Kerala in (2018 (3) KHC 223).

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13. Notwithstanding the non applicability of section 483 of BNSS, the

question is whether the High Court can consider bail applications in its original

jurisdiction in respect of juveniles. In this context, reference to section 8 of the

JJ Act is necessary.

“8. Powers, functions and responsibilities of the Board.–(1)
Notwithstanding anything contained in any other law for the time being
in force but save as otherwise expressly provided in this Act, the Board
constituted for any district shall have the power to deal exclusively with
all the proceedings under this Act, relating to children in conflict with
law, in the area of jurisdiction of such Board.

(2) The powers conferred on the Board by or under this Act may also be
exercised by the High Court and the Children’s Court, when the
proceedings come before them under section 19 or in appeal, revision or
otherwise.

(3)xxx xxx xxx”

14. As per the above provision, the power conferred on the JJB can be

exercised by the High Court if the matter comes before it in appeal, revision or

otherwise. It needs no deliberation that when it is a matter that comes before

the High Court in appeal or revision, the powers of the High Court are co-

extensive with that of the JJB. However, the dispute arises whether de hors an

appeal or revision, can the High Court exercise the powers of JJB.

15. Under the erstwhile Code of Criminal Procedure, 1973 as well as the

present BNSS, apart from appeal and revision, the only other method in which

a criminal matter can come before the High Court is in its original jurisdiction.

Normally when a general word is preceded by a specific word, the general word
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must be interpreted in a restricted sense and in the same manner as the

specific word as per the rule of ejusdem generis. However, when such a

restricted interpretation is adopted, if the meaning becomes obscure and leads

to an ambiguity not contemplated by the statute, such an interpretation need

not be adopted. The principle of ejusdem generis must be applied only when

the context of the whole scheme of legislation requires it and if the scheme

does not require such a restricted meaning to be attached to the words of

general import, it is the duty of the court to give the words the plain and

ordinary meaning. Reference to the decision in Smt. Lila Vati Bai v. State of

Bombay [AIR 1957 SC 521] is relevant for the said proposition.

16. Apart from the above, the legislation under consideration is a

beneficial legislation. In the context of the JJ Act, an interpretation has to be

adopted that advances the cause of the subject for whose benefit the

legislation was made and not to frustrate the intent of the legislature. Thus,

when two views are possible, in the matter of a beneficial legislation, an

expansive interpretation must be adopted to enable a wider interpretation to

favour the subject of the legislation.

17. The JJ Act confers power upon the High Court to deal with a matter

in the same manner as a JJB would, while the High Court exercises the powers

in appeal and revision. When the same powers of the JJB can be exercised by

the High Court in appeal and revision, there is no reason to restrict the scope

of exercise of power by the High Court in its original jurisdiction as well. A

contrary interpretation would go against the purpose of the enactment. Of
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course, when the High Court considers a matter in its original jurisdiction, it is

always open to the court to decide whether to relegate the juvenile to

approach the JJB or not. However, that is a matter of discretion. This Court is

fortified in the above proposition by the decisions of the Delhi High Court in

CCL ‘A’ v. State (NCT of Delhi) [2021 CriLJ 1251] and that of the Madhya

Pradesh High Court in Child in Conflict with Law v. State of M.P. and

Another [2022 CriLJ 2358]. Hence, this Court is of the considered view that

the scheme of the JJ Act enables the High Court to consider an application for

bail in its original jurisdiction under section 12 of the JJ Act read with section

8(2) of the JJ Act.

Issue No. (ii). Can the retention of a child in conflict with law in an Observation
Home be treated as a reformative measure and retain the CCL in such Home
for longer periods?

18. An Observation Home is defined in section 2(40) of the JJ Act to mean

an observation home established and maintained in every district or group of

districts by a State Government, either by itself, or through a voluntary or

non-governmental organisation, and is registered as such, for the purposes

specified in sub-section (1) of section 47. As per the said provision, the

Government is obliged to maintain either by itself or through other

organisations, Observation Homes for temporary reception, care and

rehabilitation of any child alleged to be in conflict with law, during the

pendency of any inquiry under this Act. As the provision itself specifies, an

Observation Home is for the temporary reception, care and rehabilitation of a

child in conflict with law during the pendency of an inquiry under the Act.
B.A. Nos.6291 & 6302/2025 14

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Though retention of a child in conflict with law in an Observation Home is, to

an extent, a measure of rehabilitation, continuing a child for long periods in

such home cannot be said to be in the best interests of a child, unless there

are other compelling reasons.

19. Further, as per section 3 of the JJ Act, while administering the

statute, every child is given a right to be reunited with his family at the earliest

and restored to the same socio economic and cultural status that he was in,

before coming under the purview of the Act, unless it is not in his best interest.

Even section 12 of the JJ Act endorses the said principle of releasing the CCL

on bail rather than refusing it. Therefore, long periods of retention in

Observation Home without being reunited with his family cannot be said to be

in the best interest of the child. In this context it needs to be mentioned that

the child’s ability to develop to his full potential is a consideration, while

implementing the provisions of the Act. Hence, while interpreting the

provisions of the Act, this Court cannot be oblivious of its scheme and the

guiding principles laid down in section 3 of the JJ Act. Viewed in the above

perspective, the continued retention of juveniles in Observation Home is

against the purport of the Act itself.

Issue No.(iii). Are the petitioners entitled to be released on bail?

20. Grant of bail to a juvenile is the norm under section 12 of the JJ Act

and its refusal, an exception. The mandate of the statute is not to detain a

juvenile but to release him. Bail ought to be denied to a juvenile only if the

exceptions stipulated in the proviso to section 12(1) of JJ Act are satisfied.
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21. In this context, it is relevant to refer to the observations in Jitendra

Singh and Another v. State of Uttar Pradesh [(2013) 11 SCC 193]. While

dealing with bail under the erstwhile Juvenile Justice Act, which is almost in

pari materia with the present statute, it was observed by the Supreme Court

that, “the provision dealing with bail (Section 12 of the Act) places a burden

for denying bail on the prosecution. Ordinarily, a juvenile in conflict with law

shall be released on bail, but he may not be so released if there appear

reasonable grounds for believing that the release is likely to bring him into

association with any known criminal or expose him to moral, physical or

psychological danger or that his release would defeat the ends of justice”.

Similarly, in the decision in Juvenile in Conflict with Law V v. State of

Rajasthan and Another [2024 SCC Online SC 5297] it has been observed

that from the phraseology used in sub section (1) of section 12 of the JJ Act, a

juvenile in conflict with law has to be necessarily released on bail with or

without sureties or be placed under supervision of a probation officer or under

the care of any fit person unless the proviso is applicable.

22. The proviso to section 12(1) of the JJ Act specifies when bail can be

denied to a juvenile. Those factors are (i) if the juvenile is released on bail he

may come into association with any known criminal, or (ii) releasing the

juvenile will expose him to moral, physical or psychological danger, or (iii) the

release would defeat the ends of justice. As observed earlier, the burden to

prove the existence of the above factors for denying bail to a CCL, as per the

proviso to section 12(1) of JJ Act is entirely on the prosecution.
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23. In the instant case, the JJB, the Sessions Court as well as this Court

had dismissed the bail applications earlier, stating that severe agitations are

going on and the chances of CCL being attacked by the public exists, which

exposes them to psychological, physical and moral danger. The JJB had, after

referring to every ground specified in the proviso to section 12(1) of the JJ Act,

came to the conclusion that the offence was committed when the children were

in the custody and care of the parents and therefore the parents are not fit

persons to be placed with their custody and also that there are possibilities of

the CCL being associated with other criminals in the society. The learned

Sessions Judge, after noticing the premeditation to commit the crime, entered

a finding that they are not entitled to be released on bail since it would amount

to a failure of justice especially as it was at the initial stage of investigation.

Subsequently, a learned single Judge of this Court also dismissed the bail

applications after observing that their release would be a threat to their own

safety and expose them to physical as well as psychological danger.

24. These applications have been filed subsequent to the above

dismissal, pointing out change in circumstances. Since this is not an appeal,

the reasons that weighed with the JJB and the Sessions Court are not matters

open for review or reconsideration. However, those reasons cannot be ignored

by this Court either, when these applications are being considered in exercise

of the original jurisdiction. One of the main reasons for denying bail to the

petitioners is an anonymous letter received by the Principal of the School

where the CCL were studying, stating that if they are permitted to write the
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Secondary School Leaving Certificate Examination they will be murdered. The

examination was held in March. Petitioners wrote the said examination and

have even cleared it. On an application filed by the petitioners, this Court has

already permitted some of the petitioners to attend the interview for admission

to the higher secondary course as well. The examination was written by the

CCL around three months back and the results have also been published. Thus,

the anonymous letter, relied upon as the basis for apprehending threat or

danger to the CCL, can no longer be reckoned as a reason to apprehend

danger to them.

25. When the word ‘grounds’ is qualified by the word ‘reasonable’, as

seen in the proviso to section 12(1) of the JJ Act, it contemplates something

more than just a reason. The ground must be real and of significance. The

belief must be based on material which exists in reality. While interpreting the

term in section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances

Act, 1985, the Supreme Court had, in State of Kerala and Others v. Rajesh

and Others (2020) 12 SCC 122, explained the expression ‘reasonable

grounds’ as meaning something more than prima facie grounds. The said

interpretation can be a useful guide in the present case as well, while

considering the proviso to section 12(1) of JJ Act.

26. An anonymous letter cannot, even after three months, be regarded

as an existence of facts and circumstances that are sufficient to justify a

satisfaction that there is danger or threat to the life of the CCL. Further, such

anonymous letters cannot be the basis for concluding that the CCL continues to
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be in danger especially since, despite registering a crime and conducting

investigation, the police have not been able to identify the person behind such

a letter. In the absence of any material to show that the anonymous letter can

be relied upon to have a reasonable ground to believe that the CCL will be in

danger continuously, this Court is of the view that the said ground projected is

not a reason to deny them bail.

27. It is apposite to mention that the seriousness of the offence or the

manner in which the offence was committed, are not considerations under the

proviso to section 12(1) of the JJ Act, while considering the question of release

of a juvenile on bail. If such considerations are taken into reckoning, the whole

focus of the statute will shift. The legislative intent, as evident from section 12

of the JJ Act, is to primarily release the juvenile on bail. When the liberty of a

juvenile is sought to be curtailed by employing the exception, such exclusions

must be construed strictly. If the nature of offence and the manner of its

commission are to be considered, the statute should have been worded in such

a manner that, in heinous offences, bail ought not to be granted. Such a

legislative intent cannot be inferred by reading of the words used in the

statute. Therefore the nature of offences committed by the CCL and the

manner in which they were committed are not entirely relevant considerations,

especially when the CCL are less than 16 years in age.

28. The terminology ‘association with any known criminal’ must be

construed strictly. In the instant case, there is nothing to indicate that the CCL

has any nexus or will, by any possibility, be associated with a known criminal.
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Vague allegations cannot be the basis for ignoring the statutory mandate.

There is also nothing to indicate that ends of justice will be defeated if the

petitioners are released on bail. No material has been produced by the

prosecution to enable this Court to come to such a conclusion.

29. Petitioners have been placed in the Observation Home from

01-03-2025 and some of them from 04-03-2025. Some of the petitioners

have been in the Observation Home for more than 101 days and some others

for more than 98 days. Since this Court is of the view that further retention of

the petitioners do not augur well in the light of the statutory intendment,

petitioners are entitled to be released on bail.

In the result, these applications are allowed on the following conditions:-

(a) Petitioners shall be released on bail on each of their parents
executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with
two solvent sureties each for the like sum to the satisfaction of the
Juvenile Justice Board having jurisdiction.

(b) The parents of the petitioners shall file an affidavit that the
petitioners will co-operate with all proceedings and will be produced
as and when necessary and to keep them under observation and will
also not allow them to be associated with any criminal or any
undesirable persons.

(c) The affidavit shall also undertake that the petitioners and their
parents or relatives shall not intimidate or attempt to influence the
witnesses; nor shall they attempt to tamper with the evidence.

(d) The affidavit shall also undertake that petitioners shall not
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commit any similar offences while they are on bail.

(e) The affidavit shall also undertake that petitioners shall not leave
the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions or if any modification

or deletion of the conditions are required, the jurisdictional Court shall be

empowered to consider such applications if any, and pass appropriate orders in

accordance with law, notwithstanding the bail having been granted by this

Court.

Sd/-

BECHU KURIAN THOMAS
JUDGE
vps
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APPENDIX OF BAIL APPL. 6291/2025

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE ORDER DATED 1-3-2025 IN
CMP NO. 31 OF 2025 IN CRIME NO 182 OF 2025 OF
THAMARASSERY POLICE STATION PASSED BY THE
JUVENILE JUSTICE BOARD, KOZHIKODE
Annexure A2 A TRUE COPY OF THE ORDER DATED 4-3-2025 IN
CMP NO. 33 OF 2025 IN CRIME NO 182 OF 2025 OF
THAMARASSERY POLICE STATION PASSED BY THE
JUVENILE JUSTICE BOARD, KOZHIKODE
Annexure A3 A TRUE COPY OF THE COMMON ORDER DATED
11.4.2025 IN CMC NO. 429 OF 2025 AND
CONNECTED CASES PASSED BY THE SESSIONS COURT,
KOZHIKODE DIVISION
Annexure A4 A TRUE COPY OF THE COMMON BAIL ORDER PASSED
IN BA NOS. 5636/2025, 5648/2025, 5652/2025,
5657/2025
Annexure A5 A TRUE COPY OF THE RELEVANT PORTION OF FIR IN
CRIME NO. 198 OF 2025 OF THAMARASSERY POLICE
STATION, KOZHIKODE DISTRICT ALONG WITH LETTER
DATED 6.3.2025 OF HEAD MASTER, GOVERNMENT
VOCATIONAL HIGHER SECONDARY SCHOOL,
THAMARASSERY
Annexure A6 A TRUE COPY OF THE RELEVANT PORTION OF THE
FIR IN CRIME NO. 391 OF 2025 OF CHEVAYOOR
POLICE STATION, KOZHIKODE DISTRICT
Annexure A7 A TRUE COPY OF THE ORDER OF THE KERALA STATE
COMMISSION FOR PROTECTION OF CHILD RIGHTS
DATED 15/05/2025
Annexure A8 A TRUE COPY OF INTERIM ORDER IN WP(C) NO.

                                18809 OF 2025 DATED 20.5.2025
Annexure A9                     A TRUE COPY OF THE ALLOTMENT SLIP OF
                                APPLICANT NO 1 DATED NIL
Annexure A9(a)                  A TRUE COPY OF THE ALLOTMENT SLIP OF
                                PETITIONER NO 2 DATED NIL
Annexure A9(b)                  A TRUE COPY OF THE ALLOTMENT SLIP OF
                                PETITIONER NO 3 DATED NIL
Annexure A9(c)                  A TRUE COPY OF ALLOTMENT SLIP OF PETITIONER
                                NO 4 DATED NIL
Annexure A9(d)                  A TRUE COPY OF THE ALLOTMENT SLIP OF
                                PETITIONER NO 5 DATED NIL
 B.A. Nos.6291 & 6302/2025                    22

                                                               2025:KER:40864


                            APPENDIX OF BAIL APPL. 6302/2025

PETITIONER ANNEXURES

Annexure A1                     A TRUE COPY OF THE ORDER DATED 1-3-2025 IN
                                CMP NO. 31 OF 2025 IN CRIME NO 182 OF 2025 OF
                                THAMARASSERY POLICE STATION PASSED BY THE
                                JUVENILE JUSTICE BOARD, KOZHIKODE

Annexure A2          A TRUE COPY OF THE COMMON ORDER DATED
                     11.4.2025 IN CMC NO. 429 OF 2025 AND
                     CONNECTED CASES PASSED BY THE SESSIONS COURT,
                     KOZHIKODE DIVISION
Annexure A3          A TRUE COPY OF THE COMMON BAIL ORDER PASSED
                     IN BA NOS. 5636/2025, 5648/2025, 5652/2025,
                     5657/2025
Annexure A4          A TRUE COPY OF THE RELEVANT PORTION OF FIR IN
                     CRIME NO. 198 OF 2025 OF THAMARASSERY POLICE
                     STATION, KOZHIKODE DISTRICT ALONG WITH LETTER
                     DATED 6.3.2025 OF HEAD MASTER, GOVERNMENT
                     VOCATIONAL    HIGHER     SECONDARY    SCHOOL,
                     THAMARASSERY
Annexure A5          A TRUE COPY OF THE RELEVANT PORTION OF THE
                     FIR IN CRIME NO. 391 OF 2025 OF CHEVAYOOR
                     POLICE STATION, KOZHIKODE DISTRICT
RESPONDENT'S/S' ANNEXURES

Annexure R3(a)                  TRUE COPY OF THE VIDEO RECORDING OF THE
                                WHATSAPP GROUP CHATS
Annexure R3(b)                  TRUE COPY OF THE GROUP PHOTO OF THE CCL'S
 

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