The Kerala High Court on Thursday issued notice on a plea challenging the grant of bail to the 17-year-old accused in the Mercedes-Benz crash in Cheranalloor.

The accident occurred in the early hours of October 25, when the car allegedly driven by the teenager rammed into the scooter of 55-year-old Jayabalakrishnan, fatally injuring him. The Juvenile Justice Board (JJB), Ernakulam, granted the accused bail the following day.

Justice C Jayachandran directed the Public Prosecutor to obtain instructions on the plea filed by the victim’s family. The Public Prosecutor accepted notice on behalf of the state, while notice to the minor was issued through the Station House Officer concerned.

The State and the victim’s family had earlier appealed against the bail before the Additional Sessions Court, but their appeals were dismissed. The court had found that the registration of an FIR against the teenager was unwarranted because the case did not involve a “heinous offence”, which it described as one carrying a minimum punishment of 10 years, under the Juvenile Justice Act.

The victim’s family has now approached the High Court challenging the orders of both the JJB and the Additional Sessions Court. The family contends that the minor belongs to an influential family and that there is a likelihood of evidence being tampered with and witnesses being influenced.

The plea also points to Section 12 of the Juvenile Justice Act, stating that it mandates denial of bail if release is likely to “defeat the ends of justice” or “expose the child to moral, physical or psychological danger”.

The father of the accused, a district judge and the registered owner of the car, has also been named as an accused in the FIR registered by the Cheranalloor Police. He was recently granted anticipatory bail by the High Court. The victim’s family had opposed his bail plea as well.
(With LiveLaw inputs)