Kochi crash: Victim’s family to move SC after bail for accused teen’s judge father
Order came a day before the family was to complete her father’s funeral rituals, says Bhadra Keerthi, who described the ruling as “a stab in my chest”
The daughter of a man killed in the Cheranalloor crash in Kochi has called the Kerala High Court’s decision to grant anticipatory bail to the accused teenager’s father “a stab in my chest”, and said the family will now approach the Supreme Court.
Bhadra Keerthi told NDTV that Thursday’s order came a day before the family was to complete the funeral rituals for her father, Jaibalakrishnan. The family says the ruling has left them with no justice.
The father of the 17-year-old accused is a judge and is named as a co-accused in the FIR. On the same day, an Ernakulam sessions court dismissed appeals by the State and the victim’s relatives against the Juvenile Justice Board’s October 26 order granting the teenager bail.
Police say the teenager was driving a Mercedes-Benz that struck a two-wheeler in the early hours of October 25, killing Jayabalakrishnan, who was riding it. After protests by the family and local residents, police added culpable homicide charges under Section 105 of the Bharatiya Nyaya Sanhita.
Also read: Mammootty to lead Keralam’s campaign to curb road accident deaths
In the High Court, Justice Kauser Edappagath questioned why custodial interrogation of the judge was necessary, given that he had cooperated with the investigation.
In the Sessions court, Judge Kavitha Gangadharan directed the investigating officer to produce, within an hour, details of FIRs across Kerala in which juvenile drivers were charged under Section 105 in fatal accidents. She warned that if no comparable cases existed, the officer would have to explain why the charge was applied only in this case.
She also questioned why the prosecution had approached the Principal Sessions Court rather than the designated juvenile court, the only such court in the district.
The hearing was later held in camera after the court criticised police for not acting against social media posts that revealed the teenager’s identity. It directed cyber police to act against those posts. The rulings add to a controversy already marked by allegations of police lapses and preferential treatment.
What happened on Oct 25?
The accident occurred in the early hours of Sunday (October 25) on Container Road at Cheranalloor, when a Mercedes-Benz allegedly driven by the teenager rammed into the scooter of Jayabalakrishnan, 55, a resident of Manjali in Ernakulam district. He was returning home after closing his roadside eatery when the collision occurred.
The teenager was initially booked for rash driving and causing death by negligence and released on station bail. Police subsequently added Section 105 of the Bharatiya Nyaya Sanhita, which deals with culpable homicide not amounting to murder. Investigators suspect that the car was travelling at more than 100 kmph.
Also Read: Keralam Mercedes crash: Judge’s minor son taken into custody after protests
The Juvenile Justice Board later granted the teenager bail, citing no previous criminal antecedents. Police had initiated steps to challenge the order before the higher court. The handling of the case had triggered public outrage, with allegations that the teenager received preferential treatment because of his father’s position. Home Minister Ramesh Chennithala acknowledged lapses in the police response and assured the Assembly that action would be taken against those responsible.
The family is now planning to move Supreme Court for justice.