Kochi: The Kerala High Court on Friday rejected the bail pleas of five juveniles accused in the murder of 15-year-old Shahabas, a Class 10 student from Thamarassery in Kozhikode. The victim, a student of MJ Higher Secondary School, Elettil, sustained severe injuries after being attacked by the five students from GVHSS Thamarassery on February 27. He succumbed to his injuries while undergoing treatment at a hospital in Kozhikode.

According to the chargesheet, the group assaulted Shahabas with a nunchaku following a dispute over a farewell function held at a tuition centre.

The juveniles have been charged under sections 103(1) (murder), 126(2) (wrongful restraint), 189 (unlawful assembly), 191(2) and 191(3) (rioting), 118(2) (voluntarily causing hurt or grievous hurt), and 190 of the Bharatiya Nyaya Sanhita (BNS).

On March 4, the Juvenile Justice Board denied bail to the accused, citing threats to their lives. Upholding the Board’s decision, Justice Jobin Sebastian stated that he was not inclined to grant bail to the petitioners.

Both the Board and the Court noted that the school attended by the petitioners had received numerous anonymous threats warning that the petitioners would be harmed if released on bail.

“Moreover, in the present case, a minor aged 15 years was murdered. It is noteworthy that the Juvenile Justice Act aims not only to care for children in conflict with the law but also to address the needs and welfare of all juveniles. The objective must be balanced with the need to ensure justice for victims and the broader societal interest,” the Court observed.

The petitioners’ counsel submitted that the five teens had been in juvenile custody for 56 days.
(with Live Law inputs)