Kerala Mercedes Crash: High Court Seeks State's Response On Plea To Cancel Bail Of Judge's Minor Son

The Kerala High Court on Thursday sought the State government’s response to a petition filed by the family of Jayabalakrishnan, who died after being hit by a Mercedes-Benz car allegedly driven by a 17-year-old boy in Kochi last month. The family has challenged a sessions court order refusing to cancel the teenager’s bail.

Justice C Jayachandran issued notice to the State while hearing the petition. The court will take up the matter again next week. The case has drawn attention as the teenager is the son of a sitting additional district judge, Bar & Bench reported.

What Happened On October 25?

The accident took place in the early hours of October 25 in Cheranalloor, Kochi. The teenager was driving a Mercedes-Benz car when it hit a two-wheeler, killing its rider, Jayabalakrishnan.

Police initially registered a case against the teenager under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, for rash driving and causing death by negligence. However, following continued protests by the victim’s family and local residents, police added the more serious charge of culpable homicide not amounting to murder under Section 105 of the BNS, along with Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act, 1988.

Why Did The Sessions Court Uphold Bail?

The Juvenile Justice Board (JJB) granted bail to the teenager on October 26, a day after the accident. The State and Jayabalakrishnan’s relatives subsequently challenged the decision before the sessions court.

Last week, Ernakulam Additional District and Sessions Judge Kavitha Gangadharan dismissed their appeals, observing that there were no circumstances warranting denial of bail to the child in conflict with law. The decision meant that the teenager could continue to remain on bail despite the serious charges added to the case.

Court Raises Questions Over Police Investigation

While upholding the bail order, the Additional Sessions Court also raised concerns about how the case had been handled from the beginning. It flagged issues involving the police, the Juvenile Justice Board, the State prosecution and the deceased’s family.

The court questioned why a First Information Report (FIR) had been registered when the alleged offences did not fall under the category of “heinous” crimes. It observed that the law provides child-sensitive investigation procedures for cases involving children in conflict with the law and that an FIR should not have been registered in this case.

Teenager’s Father Also Named In FIR

The investigation also brought the teenager’s father under scrutiny. The FIR names him as a co-accused in the case. He is an additional district judge currently posted at the Motor Accident Claims Tribunal (MACT) in Iranjalakuda, Thrissur district.

The Kerala High Court granted him anticipatory bail last week. Meanwhile, the victim’s family has continued its legal challenge against the bail granted to the teenager.

High Court Hearing Puts Bail Decision Back In Focus

The latest petition has brought the teenager’s bail back before the Kerala High Court after the family failed to secure its cancellation in the sessions court. The proceedings also highlight the legal questions surrounding the investigation of serious road accidents involving minors.

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With the High Court seeking the State’s response, the question of whether the teenager’s bail should continue remains open. The next hearing, scheduled for next week, will be an important stage in the family’s legal challenge.

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