KOCHI: Coming down heavily on the police and prosecution over the investigation into the October 25 Cheranalloor accident, the Additional District and Sessions Court in Ernakulam on Thursday dismissed the appeals seeking cancellation of the bail granted to the juvenile driver.
The court, which is designated to try cases involving atrocities against women and children, questioned the basis of the FIR against the child in conflict with law, with judge Kavitha Gangadharan pointing out that its registration was warranted only for offences carrying punishment of seven years or more.
The court also pulled up the police over repeated alterations to the FIR and its failure to comply with provisions of the Juvenile Justice (Care and Protection of Children) Act. It questioned why the mandatory social background report had not been prepared in the case.
The judge even read out the relevant provisions of the Act to the investigation officer, Crime Branch ACP Manoj Kumar, highlighting the safeguards applicable to children in conflict with law.
Observing that the police could not go beyond the law even when subjected to pressure, the judge also criticised the investigating agency for approaching the wrong court with its appeal against the bail order, instead of filing it before the designated court dealing with cases involving juveniles. The court also questioned the prosecution over its failure to seek the imposition of a fine while dismissing the appeals.
Earlier, the court had sought details of cases across Keralam in which Section 105 of the BNS, dealing with culpable homicide not amounting to murder, was invoked in accidents involving juvenile drivers. Giving the investigation officer one hour to furnish the details, the judge had warned that he would be held accountable if the provision was invoked selectively in the Cheranalloor case.
The officer submitted details of nine accident cases involving juveniles in Ernakulam district, none of which had been registered under BNS Section 105.
The court also sought clarification from the prosecution on whether it had any doubt that the Juvenile Justice Model Rules constituted the sole 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 with the court’s ruling and said the family would continue its legal battle.
She said the family had hoped for favourable orders from both the sessions court and the High Court, which granted anticipatory bail to the judicial officer, the father of the juvenile accused. She alleged that issues not been raised earlier were brought up during the proceedings and said the ruling had shaken the family’s confidence in the judicial process.
CHERANALLOOR CRASH: JUDGE GETS ANTICIPATORY BAIL
The Kerala HC on Thursday granted anticipatory bail to the additional district judge, the second accused in the Cheranalloor accident case, saying his custodial interrogation seemed unnecessary. Justice Kauser Edappagath observed that the petitioner, the father of the minor involved in the accident, was a serving judicial officer with no criminal antecedents and that there was no chance of him absconding or evading the law. He also criticised the additional director general of prosecution (ADGP) for filing a 16-page statement of objections. “Why is this a special case? A 16-page objection? Why do you (the police) want to arrest him?” he asked.
