Rafeek vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.1112/2022 of Vadakkancherry Police Station, Palakkad, alleging offences punishable under Section 118(i) of the Kerala Police Act, 2011 and under Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the prosecution, the accused had on 25.11.2022, carried 870 packets of banned Hans in a vehicle bearing registration No.KL-12/G-6298 for the purpose of sale to students and thereby committed the offences alleged.

Sri.Nireesh Mathew, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. According to the learned counsel, even if the prosecution allegations are admitted, the same would not make out an offence under Section 77 of the Juvenile Justice Act. The learned counsel relied upon the decision in Abhijith Vs. State of Kerala [2021(1)KLT 854], and contended that for the purpose of attracting the offence under Section 77 of the Juvenile Justice Act, the accused must give or cause to give any intoxicating substance to the child. In the instant case, according to the counsel, even going by the prosecution allegations, the petitioner had not given or cause to be given any intoxicating drug or product to any child and therefore, further detention of the petitioner ought not to be permitted.

Sri.Noushad.K.A, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious and petitioner has similar antecedents apart from offences committed under section 15(C) of the Abkari Act. According to the learned counsel, petitioner has committed a serious offence and hence he ought not be released on bail.

I have considered the rival contentions.

Petitioner was arrested on 25.11.2022 and has been in detention since then. Taking note of the period of detention already undergone, and the circumstances alleged against him, I am of the view that further detention is not essential.

Accordingly, I allow this application on the following conditions:

I. Petitioner shall be released on bail on him 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 court having jurisdiction.

II. Petitioner shall appear before the Investigating Officer as and when required.

III. Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.