Application under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused 1 to 3 in Crime No.3040 of 2014 of Karunagapally Police Station registered for offences punishable under Sections 143, 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code. Prosecution case is that on 07.09.2014 at about 6.00 p.m., while the defacto complainant and his friend were standing by the side of a road, a group of persons came on motor cycles and attacked them with dangerous weapons like knife, etc.
3. Heard both sides.
4. Learned counsel for the petitioners submitted that the 3rd petitioner, who is arrayed as 6th accused, is a minor. His date of birth is 15.01.1997. According to the learned counsel for the petitioners, 3rd petitioner was a minor on the date of alleged incident. It is true that if the 3rd petitioner is a juvenile coming under the Juvenile Justice (Care and Protection of Children) Act, 2000. He cannot be arrested by Police and the BA No.6939/2014 2 law should take a different course in respect of the juvenile. So much so, he is not entitled to get anticipatory bail also. In respect of other petitioners, learned Prosecutor submitted that they were involved in the incident.
5. Considering the nature of allegations against petitioners 1 and 2, I am not inclined to grant anticipatory bail to them. Therefore, petitioners 1 and 2 shall surrender before the learned Magistrate having jurisdiction and move for regular bail. In that event, learned Magistrate shall consider the application for bail on merits, on the date of their surrender.
Petition is disposed of.
A. HARIPRASAD, JUDGE.
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