Kerala High Court
Soorya Kiran vs State Of Kerala on 25 April, 2025
2025:KER:33046
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5636 OF 2025
CRIME NO.182/2025 OF Thamarassery Police Station,
Kozhikode
PETITIONERS/CCL 1 & 5:
1 SOORYA KIRAN, AGED 15 YEARS, S/O.SANTHOSH,
LAKSHMI HOUSE, AMBALAKKUNNU, THAMARASSERY P.O.,
REPRESENTED BY GUARDIAN AND FATHER SANTHOSH,
PIN - 673573
2 YADAV P., AGED 16 YEARS, THOOVAKKUNNUMMAL HOUSE,
KORANGADU, THAMARASSERY, REPRESENTED BY GUARDIAN AND
MOTHER JISHA, PIN - 673573
BY ADV K.M.FIROZ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER,
THAMARASSERY POLICE STATION,
KOZHIKODE, PIN - 673573
3 MUHAMMED IQUBAL.K., S/O ABDUL KHADER P.K.,
AGED 48 YEARS, R/AT PALORAKKUNNUMMAL,
THAMARASSERY.P.O., CHUNGAM, KOZHIKKOD
(IMPLEADED AS ADDL R3 AS PER ORDER DTD
22/4/25 IN CRL MA 2/25)
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 2 2025:KER:33046
BY ADVS.
KODOTH SREEDHARAN
K.P.MUHAMMAD ARIF
ABDUL JALEEL.U.K
CHACKOCHEN VITHAYATHIL
C.K. SURESH, SENIOR PUBLIC PROSECUTOR
G. SUDHEER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.04.2025, ALONG WITH Bail Appl..5648/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 3 2025:KER:33046
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5648 OF 2025
CRIME NO.182/2025 OF Thamarassery Police Station,
Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.419 OF
2025 OF ADDITIONAL DISTRICT COURT (ADHOC), KOZHIKODE
ARISING OUT OF THE ORDER/JUDGMENT DATED IN CMP NO.31 OF
2025 OF JUVANILE JUSTICE BOARD, KOZHIKODE
PETITIONER/ACCUSED (CCL) NO.2:
AJNAS BABU, AGED 15 YEARS
S/O. SHAIJU NISSAR.K.K. KOTTAKUNNUMMAL HOUSE,
THAMARASSERY (PO) , REPRESENTED BY GUARDIAN AND
FATHER SHAIJU NISSAR.K.K., PIN - 673573
BY ADV JACOB E SIMON
RESPONDENT/STATE:
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, R/AT PALORAKKUNNUMMAL,
THAMARASSERY.P.O., CHUNGAM, KOZHIKKOD, PIN -673573
(IMPLEADED AS ADDL R3 AS PER ORDER DTD 22/4/25 IN CRL
MA 2/25)
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 4 2025:KER:33046
BY ADVS.
KODOTH SREEDHARAN
K.P.MUHAMMAD ARIF
ABDUL JALEEL.U.K
CHACKOCHEN VITHAYATHIL
C.K. SURESH, SENIOR PUBLIC PROSECUTOR
G. SUDHEER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.04.2025, ALONG WITH Bail Appl..5636/2025, 5652/2025
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 5 2025:KER:33046
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5652 OF 2025
CRIME NO.182/2025 OF Thamarassery Police Station,
Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 11.04.2025 IN CRMC
NO.429 OF 2025 OF ADDITIONAL SESSIONS COURT (ADHOC)-II,
KOZHIKODE ARISING OUT OF THE ORDER/JUDGMENT DATED IN CMP
NO.33 OF 2025 OF JUVANILE JUSTICE BOARD, KOZHIKODE
PETITIONER/CCL NO.6:
ARFAN NISHAT.M, AGED 15 YEARS,
S/O. MANJUR, VARAKKAL HOUSE, THACHAMPOYIL P.O.,
THAMARASSERY, KOZHIKODE, REPRESENTED BY
GUARDIAN AND MOTHER, SHAHIDA., PIN - 673573
BY ADV K.M.FIROZ
RESPONDENT/STATE:
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., R/AT
PALORAKKUNNUMMAL, THAMARASSERY.P.O., CHUNGAM,
KOZHIKKOD, (IMPLEADED AS ADDL R3 AS PER ORDER DTD
22/4/25 IN CRL MA 2/25)
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 6 2025:KER:33046
BY ADVS.
KODOTH SREEDHARAN
K.P.MUHAMMAD ARIF
ABDUL JALEEL.U.K
CHACKOCHEN VITHAYATHIL
C.K. SURESH, SENIOR PUBLIC PROSECUTOR
G. SUDHEER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.04.2025, ALONG WITH Bail Appl..5648/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 7 2025:KER:33046
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5657 OF 2025
CRIME NO.182/2025 OF Thamarassery Police Station,
Kozhikode
PETITIONERS/CCL NOS.3 & 4:
1 HARIGOVIND, AGED 15 YEARS, S/O. BIJU,
BR NIVAS, KUNNUMPURAM, THACHAMPOYIL (PO),
REPRESENTED BY GUARDIAN AND FATHER BIJU.,
PIN - 673573
2 RABIN BAL, AGED 15 YEARS, S/O. BAIJU,
B.R, GOVINDAM HOUSE, THAMARASSERY, REPRESENTED BY
GUARDIAN AND FATHER BAIJU., PIN - 673573
BY ADV K.M.FIROZ
RESPONDENT/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., R/AT
PALORAKKUNNUMMAL, THAMARASSERY.P.O., CHUNGAM, KOZHIKKOD
(IMPLEADED AS ADDL R3 AS PER ORDER DTD 22/4/25 IN CRL
MA 2/25)
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 8 2025:KER:33046
BY ADVS.
KODOTH SREEDHARAN
K.P.MUHAMMAD ARIF
ABDUL JALEEL.U.K
CHACKOCHEN VITHAYATHIL
C.K. SURESH, SENIOR PUBLIC PROSECUTOR
G. SUDHEER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.04.2025, ALONG WITH Bail Appl..5648/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 9 2025:KER:33046
ORDER
[B.A. Nos. 5636/2025, 5648/2025, 5652/2025, 5657/2025]
These bail applications are filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita (BNSS).
2. Out of the above-mentioned bail applications B.A.
No.5636/2025 has been preferred by the children in conflict with law
Nos.1 and 5, B.A. Nos.5648/2025 and 5652/2025 have been
respectively preferred by the children in conflict with law Nos.2 and 6,
and B.A. No.5657/2025 has been preferred by the children in conflict
with law Nos.3 and 4, all involved in crime No.182/2025 of
Thamarassery Police Station.
3. The prosecution allegation is that on 27.02.2025 between 5
p.m. and 7 p.m. at City Mall compound Thamarassery, children in
conflict with law Nos.1 to 6 along with 15 other identifiable persons
formed themselves into an unlawful assembly armed with deadly
weapons and in prosecution of the common object of the said assembly
they wrongfully restrained a minor boy aged 15 years, assaulted him
and inflicted grievous injuries on him using dangerous weapons.
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 10 2025:KER:33046
Immediately after the incident, though the injured boy was taken to the
Medical College Hospital, Kozhikode, he succumbed to the injuries on
the same day.
4. Heard the learned counsels appearing for the
petitioners/children in conflict with law, as well as the learned Public
Prosecutor. I also heard the counsel appearing for the victim's father
and perused the records made available by both sides.
5. The learned counsel for the petitioners would submit that
the petitioners, being below the age of 18 years, are entitled to get bail
in view of the provision contained under Section 12 of the Juvenile
Justice (Care and Protection) of Children Act, 2015. It was strenuously
contended that the petitioners had been falsely implicated in this case
without any materials. According to the counsels, there are no
materials to show that if the juveniles are released on bail, their release
is likely to bring them into association with any known criminals, expose
them to moral, physical, or psychological danger, and would defeat the
ends of justice. It was further contended that the petitioners are
undergoing judicial incarceration for more than 56 days and their
further retention in the observation home will not serve any purpose,
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 11 2025:KER:33046
especially when their parents/guardians are ready to take proper care
of them.
6. In response, the learned Public Prosecutor as well as the
counsel appearing for the defacto complainant contended that the
releasing of the petitioners on bail is not at all desirable, considering the
heinous nature of the offence committed by them. According to the
learned Public Prosecutor, the offence alleged in this case was a
pre-planned one executed meticulously. It was further contended that
the incident in this case sparked serious protests and public outcry in
the locality, and the incident still remains sensitive. According to the
learned Public Prosecutor, if the petitioners are released on bail, there is
every likelihood of their lives being endangered. Moreover, it is
submitted that releasing them on bail would likely bring them into
association with known criminals and expose them to moral, physical,
as well as psychological danger, and their release would certainly defeat
the ends of justice.
7. From a perusal of the records, it is discernible that the
accusation against the petitioners/children in conflict with law, is prima
facie well-founded. The allegation that the petitioners unleashed
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 12 2025:KER:33046
violence in a public place with dangerous weapons and attacked a
minor student aged only 15 years, in a beastly manner, and murdered
him, cannot be viewed lightly. Nonetheless, it is an admitted fact that
all the petitioners herein who are facing the allegation of murder are
below the age of 18 years. The petitioners being juveniles in conflict
with the law, certainly some leniency should be shown in their favour, in
the matter of bail. In view of Section 12 of the Juvenile Justice Act,
ordinarily, the Juvenile Justice Board is under an obligation to release
the juvenile on bail with or without surety. However, there is no
inflexible law that the child in conflict with law should be released on
bail invariably in all cases. At this juncture, it is worthwhile to refer to
Section 12 of JJ Act, which is the provision dealing with the granting of
bail to a child in conflict with law.
"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
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 13 2025:KER:33046
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 person's 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.
(2) When such person having been apprehended is not
released on bail under sub-section(1) by the officer-in-charge
of the police station, such officer shall cause the person to be
kept only in an observation home [or a place of safety, as the
case may be] in such manner as may be prescribed util the
person can be brought before a Board.
(3) When such person is not released on bail under
the sub-section (1) by the Board, it shall make an order
sending him to an observation home or a place of safety, as the
case may be, for such period during the pendency of the
inquiry regarding the person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfil
the conditions of bail order within seven days of the bail order,
such child shall be produced before the Board for modification
of the conditions of bail."
A bare reading of the above-said provision makes it clear that the
legislature's intention is to release the juvenile in conflict with the law
on bail irrespective of the nature or gravity of the offence. However,
the proviso to Section 12 of Juvenile Justice Act imposes certain
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 14 2025:KER:33046
restrictions in granting bail to a juvenile. It states that bail can be
declined if there are reasonable grounds to believe that the release is
likely to bring the juvenile into association with any known criminals, or
exposing to moral, physical, or psychological danger, or that release
would defeat the ends of justice. In short, a conjoint reading of Section
12(1) and its proviso clearly indicates that there is no absolute or
indefeasible right for a juvenile in conflict with law to be released on
bail invariably in all cases. But bail can be rightly declined when any of
the eventualities mentioned in the proviso to Section 12 are likely to
occur.
8. Reverting to the case at hand, it can be seen that the
juvenile Justice Board as well as the learned Sessions Judge declined
bail to the petitioners mainly on the finding that the incident alleged in
this case is a sensitibve issue in the locality and if the petitioners are
released on bail they will be exposed to not only to physical danger but
also to psychological and moral danger. However, relying on several
decisions of the various High Courts, the learned counsel for the
petitioner would submit that the court should not indulge in guess work
to determine whether the petitioners' life and safety would be in danger
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 15 2025:KER:33046
if released on bail, but rather, there must be convincing materials to
substantiate the same. While considering the said contention it is to be
noted that from the objection filed by the Public Prosecutor and from
the submission made by him, it can be seen that after the incident in
this case, the Headmaster of the School where the juveniles were
studying received an anonymous call threatening that the juveniles in
conflict with law will be killed and on the complaint filed by the
Headmaster of the said School a case has been registered as crime
No.198/2025 alleging offences punishable under Sections 192, 351(3),
351(4) of BNS on 06.03.2025. Therefore, this Court is of the view that
there is some basis for the prosecution's apprehension that if the
children in conflict with law are released on bail, there is a threat to
their safety. The release of the petitioners on bail will apparently
expose them to physical as well as psychological danger. The said fact
cannot be brushed aside while considering these petitions. Moreover, in
the present case, a minor boy aged 15 years was murdered. It is
noteworthy that the Juvenile Justice Act aims not only to take care of
children in conflict with law, but also to address the needs and welfare
of all juveniles. This objective must be balanced with the need to
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 16 2025:KER:33046
ensure justice for victims and the broader societal concerns. Therefore,
justice to the victims and concern of society at large also could not be
undermined. As such, Section 12 of the Act cannot be interpreted in a
manner so as to give advantage to only juveniles in conflict with law,
ignoring the concern of society, especially when a serious offence like
murder is alleged against a juvenile. As already stated, in the event of
releasing the petitioners on bail, there is every likelihood of exposing
them to moral, physical, or psychological danger. Considering the
above aspects, this Court is not inclined to release the petitioners on
bail.
Resultantly, all the petitions stand dismissed.
Sd/-
JOBIN SEBASTIAN
JUDGE
ncd
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 17 2025:KER:33046
APPENDIX OF BAIL APPL. 5636/2025
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. 418 OF 2025 AND
CONNECTED CASES PASSED BY THE SESSIONS COURT,
KOZHIKODE DIVISION
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 18 2025:KER:33046
APPENDIX OF BAIL APPL. 5648/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER IN CMP NO. 31 OF
2025 DATED 1-3-2025 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. 419 OF 2025 AND
CONNECTED CASES PASSED BY THE SESSIONS COURT,
KOZHIKODE DIVISION
RESPONDENT ANNEXURES
Annexure R3 (b) TRUE COPY OF THE GROUP PHOTO OF THE CCL'S
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 19 2025:KER:33046
APPENDIX OF BAIL APPL. 5652/2025
PETITIONER ANNEXURES
Annexure A1 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 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
B.A. No.5636/2025, 5648/2025,
5652/2025, 5657/2025 20 2025:KER:33046
APPENDIX OF BAIL APPL. 5657/2025
PETITIONER ANNEXURES
Annexure A1 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 TRUE COPY OF THE COMMON ORDER DATED 11.4.2025
IN CMC NO. 420 OF 2025 AND CONNECTED CASES
PASSED BY THE SESSIONS COURT, KOZHIKODE
DIVISION
