Chennithala admits to police lapses; CB to take over

Commissioner Kaliraj Mahesh Kumar said the police received information about the accident around 3.30am, following which the night patrol team rushed to the spot.
Keralam Home Minister Ramesh Chennithala.
Keralam Home Minister Ramesh Chennithala.(FILE Photo | TP Sooraj, EPS)
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KOCHI: Amid mounting criticism against the police’s handling of the Cheranalloor accident case in which a 55-year-old scooter rider was killed, Home Minister Ramesh Chennithala on Monday admitted to lapses by the cops, while reiterating that legal action will be pursued in the case without bias.

Meanwhile, Kochi City Police Commissioner Kaliraj Mahesh Kumar said the investigation would be handed over to the Crime Branch and steps would be taken to challenge the bail granted to the minor who was driving the luxury car involved in the accident.

“The initial action taken by the Cheranalloor police was not right,” Chennithala said, while responding to a submission by Leader of Opposition Pinarayi Vijayan in the assembly. The minister said he had contacted the state police chief and ADGP (law and order) immediately after learning about the incident, which took place in the early hours of Sunday, and directed them to review the case and apply stringent charges, including culpable homicide.

On concerns surrounding the swift bail granted to the minor by the Juvenile Justice Board, Chennithala assured the assembly that the police had initiated steps to get it cancelled. Highlighting reports that the car belonged to a judge, he said legal action would be pursued without bias.

“If the vehicle belongs to a judge, a case will be registered against the judge if necessary. The government will proceed with strict measures,” he said, assuring the assembly that justice would be delivered equally regardless of the individuals involved. The teenager was granted bail by a member of the Juvenile Justice Board (JJB) in the early hours of Monday, citing the absence of previous criminal antecedents.

Commissioner Kaliraj Mahesh Kumar said the police received information about the accident around 3.30am, following which the night patrol team rushed to the spot.

Initial investigation did not indicate that the teen was under the influence of alcohol, and the case was registered as a road accident, he said.

However, an examination of the teenager’s mobile phone revealed evidence indicating that the car was being driven at speeds exceeding 100 kmph. Based on the findings, the police treated the matter as a heinous offence and added Section 105 of the Bharatiya Nyaya Sanhita (BNS), which deals with culpable homicide not amounting to murder, along with the provision relating to overspeeding, Kaliraj said.

The police had informed the competent judicial authority about the case at the time of apprehending the minor, as required under the applicable procedure, he said. On the next steps, Kaliraj said the police will explore the legal options available to challenge the bail order. Provisions of the Motor Vehicles Act concerning the liability of a juvenile’s guardian or the registered owner of the vehicle had already been invoked against the boy’s father, an additional district judge, he said. The judge has been arraigned under Section 199A of the Motor Vehicles Act, which provides for action against the guardian of a juvenile or the owner of a motor vehicle when an offence under the Act is committed by a minor.

The teenager was initially booked under Sections 281 and 106(1) of the BNS, pertaining to rash driving and causing death by a rash or negligent act. He was subsequently released on station bail under Section 8 of the Juvenile Justice Act, 2015.

However, following protests and criticism over the decision to release him on station bail, Section 105 of the BNS was added. The decision to book the boy’s father came amid mounting demands for accountability. 

lapses and action

  • Home Minister Ramesh Chennithala assures assembly that strict legal action will be pursued in the case without any bias

  • Kochi City Police Commissioner Kaliraj Mahesh Kumar says steps will be taken to cancel the bail granted to the minor

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