Kochi: A court on Thursday dismissed appeals filed by police and the family of a scooterist seeking cancellation of bail granted to a 17-year-old boy, son of an Additional District Sessions Court judge, who was allegedly driving the Mercedes-Benz car involved in a fatal accident at Cheranalloor.
The family members of the deceased Jayabalakrishnan expressed disappointment with the court verdict.
Judge Kavitha Gangadharan of the Additional District Court for Cases Against Atrocities and Sexual Violence Against Women and Children dismissed the appeals challenging the bail granted to the minor by the Juvenile Justice Board.
During the hearing, the court directed the investigating officer to appear before it and sought clarification on whether Section 105 of the Bharatiya Nyaya Sanhita (BNS) had been invoked in any similar cases involving a road accident caused by a minor.
Following the court's query, the prosecution collected details and informed it that similar action had been taken in nine previous cases.
In its 47-page order, the court explained the procedures that must be followed when dealing with a Child in Conflict with the Law (CCL), as laid down under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
It also pointed out lapses by the investigation team in following these procedures.
The court observed that the materials placed before it did not show that taking the child into custody was necessary for his own best interests.
It clarified that the Juvenile Justice Act does not exempt a child in conflict with the law from lawful investigation.
Instead, it lays down the manner in which such an investigation must be conducted.
The court also pointed out several procedural irregularities in the proceedings, although these issues were not raised by either side during the arguments.
"The records revealed that the CCL had been apprehended twice on the same day. Further, the list of similar cases produced by the Investigating Officer, pursuant to the direction of this Court, revealed that FIRs had been registered against CCLs in such cases as well. In view of the fact that this Court is the designated Children's Court for the district, it was considered appropriate to call for the report referred to above," the court said.
The court said the circumstances also raised a concern as to whether this appeal had been filed without due verification of the legality of the proceedings.
The court ordered that the investigating agency is hereby strictly cautioned to scrupulously adhere to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, while dealing with every case in which an offence is alleged to have been committed by a child in conflict with law.
The court also directed that a copy of the judgement be forwarded to the District Police Chiefs of Kochi City and Ernakulam Rural to take appropriate steps to ensure that police officers under their jurisdiction are made aware of and strictly adhere to the provisions of the law.
The accident occurred in the early hours of October 25, when Jayabalakrishnan (55), a resident of South Chittoor in Cheranalloor, was hit by a speeding Mercedes-Benz on Container Road at Marapparambu.
The police initially registered a case under Section 106(1) of the BNS, dealing with causing death by negligence, and released the minor on bail from the police station.
The move triggered protests outside the Cheranalloor police station, with the deceased's son and daughter, accompanied by activists, demanding the arrest of the accused and producing him before the Juvenile Justice Board.
Senior police officers subsequently intervened.
Following a preliminary investigation, police invoked Section 105 of the BNS, which deals with culpable homicide not amounting to murder.
Although the Juvenile Justice Board subsequently granted bail to the minor, police also named his father as an accused in the case.
Meanwhile, the Kerala High Court on Thursday granted anticipatory bail to the judge.
Reacting to the dismissal of the appeals, Jayabalakrishnan's daughter Bhadrakeerthi expressed disappointment with the court's decision.
"The proceedings here seem like a drama. We had expected things to move in a positive direction, but there have been so many twists that an ordinary person cannot understand what is happening. We do not know what will happen next," she told reporters.
She said the developments had shaken public confidence in the judiciary.
"I can say that neither I nor, perhaps, anyone in Keralam has confidence in the court now. The kind of orders we have received from both courts has left us disappointed. The police are also a problem, and now the court too," she said.
Bhadrakeerthi said the family hoped for favourable outcomes from both the trial court and the High Court but had encountered unexpected developments.
"Nobody should think that we will give up and retreat because of this. We will continue the fight in whatever way possible," she said.