Kerala High Court Grants Bail To Six Juveniles In Shahabas Murder Case, Says “Observation Homes Are Not For Prolonged Detention”
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The judge stated that “observation homes are not meant for prolonged detention,” especially when the juveniles do not have any previous criminal record. This remark played a significant role in the Court’s decision.
In the tragic Shahabas murder case, the Kerala High Court on Wednesday granted bail to six juveniles who were arrested in connection with the death of 15-year-old Shahabas from Kozhikode. The incident had taken place earlier this year and had shocked the entire state.
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Justice Bechu Kurian Thomas passed the order allowing the release of the six minors from the Kozhikode Observation Home. The Court allowed their release on the personal bond of their parents.
While granting bail, the Court made an important observation.
The judge stated that “observation homes are not meant for prolonged detention,” especially when the juveniles do not have any previous criminal record. This remark played a significant role in the Court’s decision.
The Court also laid down a few strict conditions while granting bail. The parents of the juveniles were directed to file affidavits, and it was made very clear that the accused “must cooperate with the ongoing investigation and refrain from engaging in any criminal activity.”
Background
The case relates to a violent incident that took place in late February 2025, when a dispute broke out between two student groups at a tuition centre in Kozhikode. During this clash, the six juveniles along with 15 others reportedly attacked Shahabas.
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According to the police, the attackers were armed with deadly weapons, and they “restrained and brutally assaulted Shahabas”, which led to a fracture in his skull. Despite being taken for medical treatment quickly, Shahabas sadly passed away the same day due to his severe injuries.
The police arrested the six juveniles on March 1, 2025, and they had been kept in custody at the Kozhikode Observation Home since then.
The police had booked the juveniles under several sections of the Bharatiya Nyaya Sanhita (BNS), 2023, including:
- Section 126(2) – Wrongful Restraint
- Section 189(2) – Unlawful Assembly
- Sections 191(2) & 191(3) – Punishment for Rioting
- Section 103(1) – Punishment for Murder
- Section 118(2) – Causing Grievous Hurt Voluntarily
- Along with Section 190 – Unlawful Assembly
Earlier, the Juvenile Justice Board, Sessions Court, and even a single bench of the High Court had rejected similar bail applications filed by the accused juveniles.
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However, this time, the lawyers argued that the circumstances had changed. The police investigation is now complete, and keeping the minors in detention is no longer necessary. The defence said that if the State was worried about any law and order issues or the safety of the juveniles, the Court could address those through strict bail conditions.
The lawyers also stressed that the children’s education and academic future would be affected if they continued to stay in detention. They requested the Court to release them so that they could go back to school and complete their studies.
Taking all these points into account, the High Court finally allowed the bail. The judge said that continued detention “was not required in the present circumstances.”
Representation in Court
- Advocate KM Firoz appeared for five of the six juveniles.
- Shahabas’s father was represented by Advocates Kodoth Sreedharan, KP Muhammad Arif, Abdul Jaleel UK, and Chackochen Vithayathil.
- The State of Kerala was represented by Public Prosecutor Suresh.
Case Name: Soorya Kiran v. State of Kerala and connected cases
