T. Gurudeo vs The State (Nct Of Delhi)
2005 Latest Caselaw 51 Del

JUDGMENT

Manju Goel, J.

1. Shri T.P. Guravaiah, father of juvenile T. Gurudeo, invokes the provisions of Section 397/401/482 Cr.P.C. read with Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short `Juvenile Act') seeking grant of bail to the juvenile, T. Gurudeo. The offence alleged against the juvenile is of attempt to murder of one child called Abhishek. There are allegations that the juvenile had sodamised two children called Abhay & Abhishek and the juvenile became violent when there were protest from the child victim. The trial court obtained the social investigation report which was submitted by one Shri Anil Kumar of the Probation Department. A copy of the social investigation report has been placed on record. As per the report the father of the juvenile is a Central Government employee working as LDC in the Income Tax Department. No member of the family had any record of delinquency. The father of the juvenile claimed to have been taking care of the juvenile and wanted to take responsibility for the juvenile in future. The mental condition of the juvenile was found to be normal. The juvenile is a school drop-out. Some neighbours reported to the Investigator that the juvenile was in bad company.

2. As to how the delinquency developed is described in this report. He is said to have had a perverted mind after being dropped out from the school. He had been watching the TV excessively particularly the adult shows. He used younger boys of the locality for fulfillling his sexual fantasies. The younger children made demands on him and occasionally threatened to report his activities to his parents. Being fed up with the continuous demands of the younger boys, namely, Abhay and Abhishek, he took the victim to park and assaulted him with one of his friends.

3. The court of Magistrate as well as that of Sessions have laid much importance on the narration of the process how the delinquency developed. Every juvenile has some background for indulging into delinquent activity. Section 12 of the Juvenile Act requires a juvenile to be released on bail in all cases except in those where there are grounds to believe that the release was likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger. It appears that continuous exposure to the adult programmes on the TV, some of which are known to be obscene and sensuous has led the juvenile to develop sexual fantacies which has led to this offence. The report of the social investigation says that the TV of the juvenile's family went out of order when he started going to the neighbours' house to watch the TV. It appears that the TV was not repaired which led the juvenile to look to other houses for his entertainment.

4. It is also submitted at the time of argument that the father of the juvenile has shifted his residence to a new locality and, therefore, the juvenile may now no more be having access to his co-accused who helped him in the commission of the offence under Section 307 IPC. The bad company that he may have kept is also gone with the shifting of residence. There is no fear of the juvenile being associated with any known criminal. What he did in the past and which is not existing in the present should not be a ground to believe that if released on bail the juvenile will be exposed to moral, physical and psychological danger. It can be appreciated that the father of the juvenile who has filed the bail application has undertaken to take full responsibility for the juvenile. I do not think if the juvenile is released on bail he will be exposed to moral, physical or psychological danger. The father is a responsible Government servant. It can be expected that he may keep up his words and take care of the juvenile in all respects. I, therefore, allow the petition and direct that the juvenile in question be released on bail on the bond of Rs. 5,000/- with one surety in the like amount.

5. A copy of the order be sent to the trial court for necessary compliance. dusty.