The children of Jayabalakrishnan, who was killed in a road crash on Kochi’s Vallarpadam-Kalamassery Container Road, have approached the Kerala High Court against bail granted to the minor accused in the case. The petition is scheduled to be heard by a bench led by Justice C Jayachandran.
The petitioners, Bhadrakeerthy R J and Bharat Sankar R J, have sought the quashing of orders passed by the Juvenile Justice Board in Ernakulam and the children’s court, which allowed the child in conflict with the law to remain on bail. The case concerns a Mercedes-Benz car that allegedly rammed into Jayabalakrishnan’s scooter in the early hours of October 25.
According to the petition, Jayabalakrishnan was returning home after closing his wayside eatery when the crash occurred. He died after the collision. The incident took place on the container road connecting Vallarpadam and Kalamassery, an important freight and transport corridor in the Kochi region.
The minor was produced before the Juvenile Justice Board on the day of the accident and was granted bail, the petition stated. On November 5, the children’s court dismissed an appeal against that decision and upheld the Juvenile Justice Board’s order.
The petitioners have argued that the children’s court made an error by holding that the gravity of the alleged offence and the loss of human life could not be considered while deciding bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act. Their challenge focuses on the interpretation and application of the law governing bail for children in conflict with the law.
The petition also relies on the proviso to Section 12(1), which provides for denial of bail if releasing the child is likely to defeat the ends of justice or expose the child to moral, physical or psychological danger. The petitioners have asked the High Court to examine whether the lower authorities applied this provision correctly while granting and upholding bail.
The case brings a fatal crash on a major Kochi road corridor before the state’s highest court. It also places the legal treatment of juvenile accused persons alongside the interests of victims’ families, whose challenge will now be considered through the High Court proceedings.
The Kerala High Court is scheduled to hear the petition on Thursday. The court’s consideration will determine whether the orders of the Juvenile Justice Board and the children’s court are allowed to stand or are set aside.
