ORDER : C. Praveen Kumar, J. The petitioner, who is an accused in Crime No. 24 of 2015 of Kavali I Town Police Station, Nellore District, filed the present application under sections 437 and 439 CR.P.C. seeking enlargement on bail in the above crime registered for the offences punishable under Sections 376 IPC and section 5(m) read with section 6 of the protection of children from sexual offences Act, 2012. 2. The issue that falls for consideration in the present criminal petition is; "Whether the petitioner, who is a juvenile in conflict with law can be released on bail by invoking Sections 437 and 439 Cr.P.C." 3. In order to deal with the said aspect, it may be useful to refer to facts in issue. The averments in the First Information Report given by one Patan Ayub Khan disclose that his daughter who is aged about 6 years is studying I Class is Bhashyarn School. Since last two months his daughter was complaining about stomach pain and some burning sensation in her vagina. On a complaint made, they got her treated in local Hospital but the same could not be cured. About four days prior to the date of lodging of the report, the victim girl along with her mother went to the house of her grandmother at Brahmanakraka Agraharam village. On 15-1-2015 while the victim girl was talking with a boy in a filthy language, her mother questioned her as to why she is using such foul language. On that the victim girl informed her that Vazid bhayya s/o. Hameed uncle residing opposite to their house is also a bad boy. Then the mother asked the victim as to what he has done. She is alleged to have replied stating that since many days he used to call her to his house through Saniya (sister of Vazid), took her into his bed room, removed her clothes and behaved in an indecent manner. Next day the mother of the victim returned to the house along with victim girl and informed the same to her husband. On that the informant informed the same to L.Ws. 5 and 6, who advised him to lodge a report. Basing on these allegations, the above report came to be lodged. 4. Next day the mother of the victim returned to the house along with victim girl and informed the same to her husband. On that the informant informed the same to L.Ws. 5 and 6, who advised him to lodge a report. Basing on these allegations, the above report came to be lodged. 4. Pursuant to the said report, a case in Crime No. 24 of 2015 of I Town Police Station, Kavali was registered for the offences punishable under Sections 376 IPC and Section 3(a), 4, 5(m) read with 6 of the Protection of Children from Sexual Offences Act, 2012. After the arrest, the petitioner was produced before the Juvenile Justice Board and the Board while dismissing the bail application sent the petitioner to Juvenile home at Tirupathi. Challenging the same, the petitioner herein filed Crl. M.P. No. 40 of 2015 before the I Additional District and Sessions Judge, Nellore, which was also dismissed on 10-2-2015. Hence, the present application under Sections 437 and 439 Cr.P.C. 5. Learned counsel for the petitioner mainly submits that Section 6 of the Juvenile Justice Act, empowers the Court to exercise the power under Sections 437 and 439 Cr.P.C. in spite of the bar under..Section 12 of the Act. 6. Learned Public Prosecutor opposed the application contending that if the petitioner is released on bail, it would defeat the ends of justice. 7. Before proceeding further, it would be appropriate to refer to Sections 12 and 6(2)4 of the Juvenile Justice Act, which are as under: "Section 12: Bail of juvenile: (1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is 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 institution or fit person but he shall 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 this released would defeat the ends of justice. (2) When such person having been arrested is not released on bail under subsection (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order. Section 6: Powers of Juvenile Justice Board:- (1) Where a Board has been constituted for any district (omitted 33 of 2006), such Board shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to juvenile in conflict with law. (2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and the court of Session, when the proceedings comes before then in appeal, revision or otherwise." From a perusal of Section 12 of the Act, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him, unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of delinquent juvenile 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. Section 12 of the Act is a special provision injuncting the Courts from refusing bail to a delinquent juvenile except for the reasons stated in the section itself, i.e., if he so released there are reasonable ground for believing that he will come 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. (Prakash v. State of Rajasthan, 2006 Crl.L.J. 1373 (1)). 8. (Prakash v. State of Rajasthan, 2006 Crl.L.J. 1373 (1)). 8. That being the position, the question is "Whether the court can invoke its power under Sections 437 and 439 Cr.P.C. to grant bail to the petitioner though the parameters for grant of bail under Section 437 and 439 Cr.P.C. and Section 12 of the Juvenile Justice (Care and Protection of Children) Act, are different?" 9. As stated earlier, Section 12 of the Juvenile Justice Act categorically speaks about release on bail with or without surety but shall not be released if there a reasonable apprehension that his 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. As observed earlier, Section 12 refers to release of a juvenile by Juvenile Justice Board when the juvenile in conflict with law is brought before the Court. But, however Section 6(2) of the Act empowers the High Court and Court of Sessions to exercise all the powers conferred on the Board by or under this Act when the proceedings come before them either in appeal, revision or otherwise. Therefore, a juvenile accused or a non-bailable offence can approach either the High Court or the Sessions Court seeking relief under Sections 437 and 439 Cr.P.C. From the above, it is clear that a juvenile who was unsuccessful in getting relief in an application filed under the Act has option to file a petition under Sections 437 and 439 Cr.P.C. and the High Court or Court of Sessions Can exercise not only the powers contained under Sections 437 and 439 Cr.P.C. but also the powers conferred on the Juvenile Justice Board. 10. At this stage, it may be useful to refer to Section 53 of the Act wherein it has been said that the High Court may at any time either on its own motion or on an application received in this behalf, call for records on any proceedings in which any competent authority or court of session has passed an order for the purpose of satisfying itself as to the propriety or legality' of such an order and may pass such order in relation there to as it thinks fit. The proviso to said section only says that High Court shall not pass order under this provision to any person without giving any reasonable opportunity. Therefore, Section 53 gives an additional power to the High Court to call for records either from Sessions Court or from any authority dealing under the Act for the purpose of satisfying itself as to the legality or property of any said order. Though Section 53 of the Act speaks of power of the High Court under revision but as held above the Act does not take away the power and jurisdiction of the High Court or the court of Session regarding filing of bail application under Sections 437 and 439 Cr.P.C. From the discussion made above, it is clear that High Court has got power to entertain the bail application field under Sections 437 and 439 under Section 438 Cr.P.C. 11. The next question that falls for consideration is: "Whether the petitioner who is admittedly a juvenile can be detained since he has committed an offence which is grave in nature?" 12. A reading of Sections 437 and 439 Cr.P.C. vis-a-vis Section 12 of the Juvenile Justice Act show that the parameters to be considered for releasing a person who is a juvenile in conflict with law on bail are totally different to those mentioned in Section 437 Cr.P.C. It is to be noted that at the time of consideration of bail under Section 12 of the Act merits or nature of offence has no relevancy. The word "shall" used in Section 12 makes it mandatory for release of a juvenile in conflict with law on bail if there is no material on record to show that his release would defeat the ends of justice or there is no likelihood of he being associated with any criminal or expose himself to any danger. In the instant case, the Public Prosecutor on instructions failed to bring on record any material to show that his release would defeat the ends of justice or that his release is likely to bring him in association with any known criminal. 13. On the other hand, the material placed on record would show that the petitioner is a student studying X class and his exams are to be held in the month of March, 2015. 13. On the other hand, the material placed on record would show that the petitioner is a student studying X class and his exams are to be held in the month of March, 2015. The Act being a social-oriented legislation and in the absence of any material to show that his release is likely to defeat the ends of justice, I am of the view that the petitioner deserves to be released on bail. 14. Accordingly, the criminal petition is allowed and the petitioner shall be released on bail on executing a bond for Rs.10,000/-(Rupees ten thousand only) with one surety to the satisfaction of the concerned Juvenile Justice Board. Further, the petitioner shall appear on all future dates before the Juvenile Justice Board and his guardian shall monitor the movements of the petitioner. He should see that the petitioner does not indulge in such acts again and take steps to keep him away from the company of known criminals.