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Litigation News

Mercedes car crash: Kerala court refuses to cancel bail granted to accused teenager

The 17-year-old accused, the son of an additional district judge, was driving a Mercedes-Benz car when he hit a two-wheeler in Kochi's Cheranalloor in the early hours of October 25, killing the scooterist.

Giti Pratap

A Sessions Court in Kerala on Thursday refused to cancel the bail granted to the 17-year-old teenager accused of driving a Mercedes-Benz car and killing a scooterist.

The 17-year-old accused, the son of an additional district judge, was driving a Mercedes-Benz car when he hit a two-wheeler in Kochi's Cheranalloor in the early hours of October 25, killing the rider Jayabalakrishnan.

A Juvenile Justice Board (JJB) on October 26 granted the accused teenager bail.

Ernakulam Additional District and Sessions Judge Kavitha Gangadharan today dismissed appeals filed by the State and Jayabalakrishnan's relatives against the JJB's decision.

Kavita Gangadharan

The accused teenager was initially booked for the offences of rash driving and causing death by negligence under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). He was granted bail by the Juvenile Justice Board (JJB) on October 26.

After continued protests by the victim's family and local residents, the police added more serious offences punishable under Section 105 (culpable homicide not amounting to murder) BNS read with Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act, 1988 (MVA).

The FIR also named the father of the teenager, an additional district judge who is currently posted at the Motor Accident Claims Tribunal (MACT) at Iranjalakuda in Thrissur district, as a co-accused.

Both the State and the family of the victim moved the Additional District and Sessions Court challenging the bail granted to the teenager.

The Court initially conducted the hearing in open court but it conducted the final day of hearings in-camera after criticising the police for not acting against social media posts that revealed the minor's identity.

Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, prohibits the disclosure of the identity of a child in conflict with law (CCL), except with the permission of the competent authority.

The Court also directed the cyber police to take action against all posts revealing the teenager's identity and advised the victim's family to also comply with the provisions of the JJ Act.

Meanwhile, the father of the accused teenager was granted anticipatory bail by the Kerala High Court today.

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