The Kuala Lumpur High Court today allowed a 12-year-old schoolboy who is facing a murder charge to be released on a RM50,000 bail pending trial.

Justice Ahmad Maarop made the decision after finding that there was special and exceptional circumstances for him to use his discretion under Section 388 of the Criminal Procedure Code to grant bail to the boy.

However, the boy was required to comply with eight attached conditions, including no access to public places and functions without his parents' supervision.

In granting the bail, Ahmad said he had considered the boy's age and his father's sworn statement that he will not only ensure that the accused does not jump bail but will also strictly adhere to all the conditions set by the court.

The boy, whose name is withheld, was arrested on May 30 over the murder of this tuition teacher's 10-year-old daughter Liew Mei Fong who was found with multiple stab wounds.

The suspect allegedly committed the offence at the victim's house in Taman Sri Rampai, Wangsa Maju in Kuala Lumpur between 3.30pm and 4.30pm on May 30.

Mandatory death sentence

He was initially charged under Section 302 of the Penal Code which carries a mandatory death sentence.

However, Section 97 of the newly enforced Child Act 2001 stated that a juvenile under 18 cannot be subjected to the death penalty and that he is to be detained under the pleasure of the King.

Prior to being released on bail, the boy was remanded at the Kajang prison in Selangor.

This is the second case where a murder accused has been granted bail. Last month, Justice S Augustine Paul granted RM500,000 bail to 81-year-old lawyer Balwant Singh who was accused of killing despatch rider R Gobala Krishnan, 33, in Bangsar, Kuala Lumpur on June 7.

Before the court adjourned, Deputy Public Prosecutor Kamarul Hisham pointed out that today's decision shall not be considered as a precedent on the issue of bail.

In his lengthy oral decision, Ahmad said the discretion to allow judges to grant bail to a murder accused is not a new law as Section 388 of the CPC had always stated that bail can be issued for un-bailable offences if the accused is under the age of 16, old or sickly.

Exercise discretion judiciously

However, he agreed that the discretion must be exercised judiciously and there must be special and extenuating circumstances for bail to be granted.

He said he was satisfied that there was nothing to show that the boy will jump bail, tamper with witnesses or pose a threat to society if he was released on bail.

"I disagree with the prosecution's submission that based on the medical report which stated that the victim had suffered 22 stab wounds is an indication that the accused is a threat.

"The wound inflicted on the victim also cannot be used an inference that he is likely to commit a similar offence if he is released from remand," he added.

Ahmad also said that the prosecution had also failed to negate the statement by the boy's teachers that he was a normal, cooperating, obedient and caring student in support of the bail application.

Among the other conditions imposed on the boy was that his travel documents be surrendered, he must also report to the police once a week and remain indoors from 6pm to 6am. The boy is also not allowed to leave Kuala Lumpur without the court's permission.

The boy was represented by K. Balaguru while DPP Kamarul was assisted by Dzaudlkifli Ahmad.