KOCHI: The daughter of a man who lost his life in a fatal road collision in Cheranalloor has formally moved the Kerala High Court, challenging the bail granted to the minor driver involved in the accident. The petitioner, Bhadrakeerthi R.J., filed a criminal review petition seeking to quash a November 5 order issued by the Ernakulam Additional District and Sessions Judge that permitted the release of the juvenile. The tragic incident occurred on October 25, when a luxury car allegedly driven by the minor son of a judicial officer rammed into a two-wheeler, resulting in the immediate death of Bhadrakeerthi’s father, Jayabalakrishnan. The core of the legal challenge rests on the argument that the lower court overlooked statutory mandates while granting bail.
In her review petition, Bhadrakeerthi submitted that the order passed by the Children’s Court was legally unsustainable and reflected a clear failure to evaluate the mandatory exceptions prescribed under the Juvenile Justice (Care and Protection of Children) Act, 2015. She specifically invoked Section 12(1) of the Act, which delineates statutory grounds under which bail may be withheld from a child in conflict with the law.
The petitioner contended that the lower court erred in determining that the severity of the alleged offense and the tragic loss of human life were extraneous to the considerations under Section 12(1). The plea highlighted that the statute explicitly mandates the denial of bail if the release of the juvenile is likely to defeat the ends of justice or expose the child to moral, physical, or psychological hazard.
Underlining the broader public ramifications of the case, the petition noted that the minor was charged with culpable homicide not amounting to murder under Section 105 of the Bharatiya Nyaya Sanhita (BNS). The plea argued that granting liberty to a minor in instances of gross vehicular recklessness leading to casualties gravely undermines public trust in the administration of justice and the rule of law.
By seeking high court intervention, the petitioner has requested a thorough judicial review of the bail order, emphasizing that the gravity of the circumstances demands a rigorous application of statutory safeguards to prevent the defeat of justice. The ongoing proceedings remain a pivotal legal test regarding the interpretation of juvenile safety and accountability standards in high-fatality road accidents.
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