Keralam Mercedes crash: Victim's family moves High Court against bail to minor accused
The victim died after a Mercedes-Benz allegedly driven by a minor rammed his scooter in Cheranalloor. The Children's Court had earlier declined to revoke the minor's bail
The family of Kerala Mercedes-Benz crash victim, Jayabalakrishnan, has moved the Kerala High Court against the bail granted to the accused (17) in the case. Jayabalakrishnan (55) died after his scooter was rammed by the vehicle in Kerala's Cheranalloor.
Sections invoked against accused
The petition by the victim’s family members challenges the orders of the Juvenile Justice Board (JJB) and the Children's Court, Ernakulam, which refused to cancel his bail, reported Live Law.
The accident occurred in the early hours of October 25, when the Mercedes-Benz was allegedly being driven by the minor.
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Initially, a case was registered by the Cheranalloor police under Section 106 of the Bharatiya Nyaya Sanhita (BNS). However, the minor accused, classified as a child in conflict with law (CCL), was released on custody bail.
Later, Section 105 of the BNS (culpable homicide not amounting to murder) was added by the police. The minor was produced before the JJB and granted bail.
Children's Court refuses to cancel bail
The State government and the victim's family challenged the bail order in separate appeals before the Children's Court in Ernakulam.
The court, which is an Additional Sessions Court, declined to cancel the bail. It held that the Juvenile Justice Act follows the principle that bail is the rule and detention is the exception.
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As per Section 12, a child alleged to be in conflict with the law must be released unless the case falls within the exceptions specified in the provision.
The court also held that registering an FIR against the minor was unwarranted in this case. Its reasoning was that the alleged offence did not qualify as a "heinous offence" under the Juvenile Justice Act. The Act defines such offences as those carrying a minimum punishment of 10 years.
The petition follows a separate development involving the minor's father, who is a district judge. The High Court granted him anticipatory bail last week.