Kochi Mercedes-Benz crash: Court dismisses appeals against teen’s bail, pulls up police over FIR

Kochi: In a setback to the prosecution and the victim’s family, the Ernakulam Additional District and Sessions Court, designated to try cases involving atrocities against women and children, on Thursday dismissed appeals seeking cancellation of bail granted to the 17-year-old accused in the fatal Cheranalloor Mercedes-Benz crash, while strongly criticising the police for alleged violations of the Juvenile Justice Act.

Judge Kavitha Gangadharan questioned the legality of registering an FIR against a minor while questioning the Crime Branch over alleged procedural lapses in the investigation.

The accident occurred in the early hours of October 25 on Container Road near Maraparambu in Cheranalloor. A speeding Mercedes-Benz, allegedly driven by the teenager, son of a serving Additional District and Sessions Judge, rammed into a scooter from behind, killing 55-year-old Jayabalakrishnan, a roadside eatery owner.

Reading out the FIR to the Crime Branch Assistant Commissioner, the judge expressed displeasure over the charges invoked and questioned the police’s compliance with the provisions governing juvenile offenders.

The court observed that a minor is legally treated as a ‘Child in Conflict with Law’ and cannot be dealt with like an adult accused. Under the Juvenile Justice Act and its Model Rules, an FIR cannot ordinarily be registered against a child unless the alleged offence is heinous and carries a minimum sentence of seven years. The prescribed procedure requires the police to prepare a Social Background Report/Investigation Report, which was not produced before the court.

The judge also questioned the sequence of changes to the charges. The police had initially detained the teenager and granted him station bail under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS), which deals with causing death by negligence. However, the investigating team subsequently returned to his residence, took him into custody again, invoked Section 105 of the BNS, dealing with culpable homicide not amounting to murder, and produced him before the Juvenile Justice Board.

Referring to allegations of external pressure, the court stressed that investigating officers were bound to follow the law irrespective of any pressure. It also questioned why this case was treated differently from other juvenile-involved road accidents.

Earlier, the court had directed the investigating officer to submit details within an hour on whether Section 105 had been invoked in any other juvenile road accident in Ernakulam district or elsewhere in Kerala.

The officer furnished details of nine previous juvenile road accidents in Ernakulam, none of which involved the invocation of Section 105. The judge questioned the selective application of the non-bailable provision and warned that the investigating officer would be held accountable.

The court also flagged procedural lapses in the prosecution's appeal, including its initial filing before the wrong court, and directed the prosecution to explain why a fine should not be imposed.

Victim’s family alleges ‘complete drama’
The dismissal of the appeals left the victim's family deeply disappointed. Speaking outside the court, Jayabalakrishnan's daughter, Bhadra Keerthi, said the family was struggling to understand the developments in the two courts on Thursday.

The Kerala High Court, earlier on Thursday, granted anticipatory bail to the teenager’s father, the judicial officer facing charges under Section 199A of the Motor Vehicles Act in connection with the case.

“We are deeply hurt. I don’t know how to express what we are going through. Both courts severely criticised the prosecution and the government. We cannot understand why things are unfolding this way. To us, the entire proceedings feel like a drama,” Bhadra Keerthi said.

She said the family had approached the courts expecting a favourable outcome but was confronted with unexpected developments.

Asked whether the family retained faith in the judicial process, she said the experience had severely shaken their confidence.
“Honestly, I would say, after what has happened, it is difficult for anyone in Kerala to retain faith in the system. This is the kind of experience we have had in both courts,” she said.

Blaming both the police and the judiciary, Bhadra Keerthi said ordinary citizens were being left helpless.
“This case has been going on in the same court for so many days. If an issue that nobody raised earlier suddenly becomes crucial on the day of the order, it naturally makes us feel that the entire thing is a drama,” she said.

However, she asserted that the family would not give up its fight.
“We came here firmly hoping for a favourable outcome, both in the High Court and here. We never expected these twists. But nobody should think that we will accept defeat or back down. We will pursue the case to the best of our ability,” she said.