The Kerala High Court on Monday, May 26, reserved its verdict on the fresh bail pleas filed by juvenile students accused in the murder of 15-year-old Shahabas, a class 10 student from Kozhikode.
Justice Bechu Kurian Thomas heard detailed arguments from both sides before reserving the order. The case has drawn significant attention, especially due to the age of the accused and the serious nature of the crime.
The juveniles are alleged to have fatally attacked Shahabas using a nunchaku over a dispute related to a farewell function at a tuition centre. It is claimed that the students created Instagram and WhatsApp groups to plan and carry out the attack. Reports suggest that Shahabas suffered a skull fracture, which led to his death.
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Earlier, the Juvenile Justice Board had dismissed their bail applications. The accused were booked under several sections of the Bharatiya Nyaya Sanhita (BNS), including:
- Section 103(1) – Murder
- Section 126(2) – Wrongful Restraint
- Section 189 – Unlawful Assembly
- Sections 191(2) and 191(3) – Rioting
- Section 118(2) – Voluntarily Causing Hurt or Grievous Hurt
- Section 190 – Additional Offences
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“The students were arrested for allegedly attacking the victim over a tuition centre issue using nunchaku,” said the court records.
The defense lawyers argued that there has been a significant change in circumstances since the earlier bail denial. They highlighted that school admissions have already begun and that denying bail would violate the fundamental right to education under Article 21A of the Constitution.
“Non-grant of bail will result in the denial of their right to education,” argued the counsel for the students.
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They also informed the court that another Child in Conflict with Law (CCL) recently died by suicide inside the Observation Home. This incident, they claimed, had severely affected the mental health of the accused juveniles.
"The suicide of a CCL inside the Home has deeply impacted the applicants,” submitted the defense.
Hearing this, the Court raised serious concerns about the condition and safety of the Observation Home, questioning its ability to serve its purpose.
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“What is the safety and purpose of the Observation Home if such incidents occur?” the Court asked orally.
The Court has now reserved its decision on the bail requests, and all parties await the final verdict.
Case Reference: Bail Application No. 6291/2025 and connected cases
Petitioners’ Counsel: Advocates K. M. Firoz, Jacob E. Simon
Respondents’ Counsel: Advocates Kodoth Sreedharan, K. P. Muhammad Arif, Abdul Jaleel U. K., Chackochen Vithayathil, C. K. Suresh (Senior Public Prosecutor)
