KOCHI: An Ernakulam court on Thursday dismissed appeals seeking cancellation of bail granted to the 17-year-old accused in the fatal Cheranalloor crash, while questioning the police and prosecution over the investigation and alleged lapses in following juvenile justice procedures.
The Additional District and Sessions Court designated to try cases involving atrocities against women and children questioned the legal basis for registering an FIR against the child in conflict with law. Judge Kavitha Gangadharan observed that an FIR in such cases could be registered only for offences carrying a punishment of seven years or more.
The court also criticised the police for repeatedly altering the FIR and failing to follow the provisions of the Juvenile Justice (Care and Protection of Children) Act. It questioned why the mandatory social background report had not been prepared.
The judge read out the relevant provisions of the Act to the investigating officer, Assistant Commissioner of Police (Crime Branch) Manoj Kumar, and highlighted the safeguards provided to children in conflict with law.
Observing that police must follow the law despite external pressure, the court also questioned the prosecution for failing to seek the imposition of a fine while dismissing the appeals.
The court further criticised the investigating agency for filing the appeal against the bail order before the wrong court instead of approaching the designated court dealing with cases involving juveniles.
Earlier, the court had sought details of cases across Kerala in which Section 105 of the Bharatiya Nyaya Sanhita (BNS), which deals with culpable homicide not amounting to murder, was invoked in accidents involving juvenile drivers. The investigating officer was asked to submit the details within an hour.
The judge had warned that the officer would be held accountable if the provision had been selectively invoked in the Cheranalloor case while being omitted in similar incidents elsewhere. The officer subsequently submitted details of nine accident cases involving juveniles in Ernakulam district, none of which had been registered under Section 105 of the BNS.
The court also sought clarification from the prosecution on whether the Juvenile Justice Model Rules were the only framework prescribed by the state government for dealing with children in conflict with law.
Meanwhile, Bhadrakeerthi R J, daughter of the deceased Jayabalakrishnan, expressed disappointment over the verdict and said the family would continue its legal battle.
Describing the proceedings as unexpected, she said the family had hoped for favourable orders from both the sessions court and the High Court, which had granted anticipatory bail to the father of the juvenile accused, a judicial officer.
She alleged that issues not raised earlier were brought up during the proceedings and said the verdict had shaken the family's confidence in the judicial process.