Mercedes crash: Kerala High Court asks State to respond to plea by victim's kin to cancel accused teen's bail

The family of Jayabalakrishnan, the victim in the Mercedes-Benz car crash case, has moved the Kerala High Court seeking the cancellation of bail granted in the matter to the 17-year-old teenager who had driven the car.

Jayabalakrishnan's family has challenged a recent sessions court order refusing to cancel the grant of bail to the minor.

Justice C Jayachandran today issued notice and sought the State's response in the matter.

The case will be heard further next week.

The accused teenager was driving a Mercedes-Benz car when he hit a two-wheeler in Kochi's Cheranalloor in the early hours of October 25, killing its rider, Jayabalakrishnan.

The case drew more attention after it came to light that the youth was the son of a sitting additional district judge.

The teenager was initially booked for the offences of rash driving and causing death by negligence under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). After continued protests by the victim's family and local residents, the police added more serious offences punishable under Section 105 (culpable homicide not amounting to murder) BNS read with Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act, 1988 (MVA).

A Juvenile Justice Board (JJB) granted the accused teenager bail on October 26.

Last week, Ernakulam Additional District and Sessions Judge Kavitha Gangadharan dismissed appeals filed by the State and Jayabalakrishnan's relatives against the JJB's decision.

The Additional Sessions Court opined that there were no circumstances warranting denial of bail to the Child in Conflict with Law (CCL) in this case.

Moreover, Judge Gangadharan also flagged several issues in the manner in which the case was handled right from the beginning by the police, the Juvenile Justice Board, the State prosecution, and the family of the deceased.

Among other observations, the Additional Sessions Court also questioned why an FIR was lodged in this case since the offences alleged against the CCL did not fall under the category of "heinous" crimes.

It opined that this was not a case where an FIR should have been filed, as there are child-sensitive methods of investigation prescribed under the law in cases involving a CCL.

The FIR in the case also names the father of the teenager, an additional district judge who is currently posted at the Motor Accident Claims Tribunal (MACT) at Iranjalakuda in Thrissur district, as a co-accused.

He was granted anticipatory bail by the Kerala High Court last week.