Kerala Court Upholds Teen's Bail in Fatal Crash Case and Raps Police

A court in Ernakulam has dismissed appeals seeking to cancel the bail of a 17-year-old involved in a fatal car crash in Cheranalloor, while strongly criticizing the police and the prosecution.

Court Criticism

Judge Kavitha Gangadharan questioned the legal basis for registering an FIR against the minor, noting such registration is meant for offences carrying a punishment of seven years or more. The court pointed out multiple changes made to the FIR and criticized police for ignoring the Juvenile Justice Act, specifically noting the missing social background report. The judge even read out the relevant rules to the investigating officer, who is a Crime Branch Assistant Commissioner. The court stated that police must not act outside the law under pressure and asked why a fine should not be imposed on the prosecution.

Investigation Details

Earlier, the court ordered the investigating officer to submit details of other accident cases involving juvenile drivers where Section 105 of the Bharatiya Nyaya Sanhita, which deals with culpable homicide not amounting to murder, was used. Although the officer provided data on nine accident cases in the district, Section 105 was not used in any of them. The judge warned the officer that they would be held responsible if this harsh section was uniquely applied in this single case. The court also faulted the agency for filing the bail appeal in the wrong court instead of the designated juvenile court.

Victim's Family Reaction

Bhadrakeerthi R.J., the daughter of the victim Jayabalakrishnan, expressed shock and dismay over the decision. She stated that people in Kerala might lose faith in the judiciary following the verdict and noted they were also expecting a positive result regarding the anticipatory bail granted to the judicial officer father of the accused. She confirmed the family will continue their legal fight.

Context

Juvenile justice laws in India provide special protections and rehabilitation frameworks for minors in conflict with the law, separating their legal proceedings from adult criminal courts. Courts regularly examine whether investigative agencies strictly follow proper legal procedures and statutory guidelines during such sensitive cases.