The family of 55-year-old Jayabalakrishnan, who died in a fatal Mercedes-Benz accident in Cheranalloor, has approached the Kerala High Court challenging the orders granting bail to the 17-year-old minor allegedly involved in the crash. The family has also questioned the Children's Court's decision refusing to cancel the bail granted by the Juvenile Justice Board (JJB).
Background
The accident occurred in the early hours of October 25, 2026, when a Mercedes-Benz car allegedly driven by the minor collided with the scooter ridden by Jayabalakrishnan, resulting in his death.
Following the incident, Cheranalloor Police initially registered a case under Section 106 of the Bharatiya Nyaya Sanhita (BNS), concerning causing death by negligence. The minor was subsequently released on custody bail. Police later added Section 105 BNS, which deals with culpable homicide not amounting to murder, and produced him before the Juvenile Justice Board, Ernakulam. The Board granted him bail.
The State and the victim's family separately challenged the decision before the Children's Court at Ernakulam, seeking cancellation of the bail.
The Additional Sessions Court declined to cancel the bail, emphasising the principles governing bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The court observed that "bail is the rule and detention is the exception" under the juvenile justice framework. Section 12 of the Act generally requires a child alleged to be in conflict with the law to be released on bail, subject to specified exceptions.
The Children's Court also questioned the registration of an FIR against the minor, observing that the alleged offence did not fall within the category of a heinous offence under the Juvenile Justice Act, which requires a minimum punishment of seven years or more, subject to the statutory classification.
Aggrieved by the decisions of the Juvenile Justice Board and the Children's Court, Jayabalakrishnan's family has now moved the Kerala High Court seeking interference with the bail orders.
The development follows the High Court's decision to grant anticipatory bail to the minor's father, a judicial officer, in connection with the same accident. He was booked under Section 105 BNS read with Sections 181, 183 and 199A of the Motor Vehicles Act, 1988.
Advocates M.G. Sreejith, Vidyajith M., Sambhu Prasad R. and Sanooj P. appeared for the petitioners.
The victim's family has thus challenged the orders granting bail to the minor and refusing to cancel the same before the Kerala High Court.
