The Kerala High Court on Thursday (November 12) issued notice on the plea challenging the grant of bail to the minor accused in the recent fatal accident in Cheranalloor involving a Mercedes Benz car.
The accident occurred in the early hours of October 25, when the car allegedly driven by a 17-year-old rammed into the scooter of 55-year-old Jayabalakrishnan. The next day, the minor driver/child in conflict with law (CCL) was granted bail by the Juvenile Justice Board, Ernakulam.
Justice C. Jayachandran today directed the Public Prosecutor to take instructions in the plea preferred by the victim's family.
The public prosecutor took notice on behalf of the State. Notice to the CCL was issued through the Station House Officer concerned. The case is posted to next Thursday (November 19) for further consideration.
The appeals preferred by the State as well as the victim's family challenging the grant of bail were earlier disallowed by the Additional Sessions Court/Children's Court. It had found that the registration of FIR against the CCL was unwarranted in this case since this was not a "heinous offence" [minimum punishment of 10 years] as per the Juvenile Justice Act.
Following this, the victim's family has now approached the High Court challenging the orders of the JJB and the Children's Court. It is contended that the CCL hails from an influential family and that there is likelihood of evidence tampering and influencing of witnesses. It is also pointed out that Section 12 JJ Act "explicitly mandates the denial of bail if release is likely to "defeat the ends of justice" or "expose the child to moral, physical or psychological danger"".
The minor's father, who is a district judge as well as the registered owner of the car, has also been named as an accused in the FIR registered by the Chernalloor Police. He was recently granted anticipatory bail by the High Court. The victim's family had opposed the bail plea of the district judge as well.
Counsel for the petitioners: M.G. Sreejith, Vidyajith M., Sambhu Prasad R., Sanooj P.