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.
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.
Apparently referring to the development at the court on Thursday, she questioned why an issue that had not been raised during earlier hearings was brought up on the day of the order, adding that it gave her the personal impression that some drama was unfolding.
