A sessions court in Kochi on Saturday directed the cyber police to take action on the complaint about social media posts revealing the identity of the 17-year-old accused in the fatal Cheranalloor Mercedes-Benz crash and to report the action taken. Additional District Judge Kavitha Gangadharan passed the direction while hearing the appeals filed by the State and by the family of the deceased challenging the Juvenile Justice Board's order granting bail to the minor, described in court as the child in conflict with law (CCL), Live Law reported. The court questioned why the cyber police had taken no action after accounts circulated videos and details of the accused.
Source: Live Law
The court also expressed serious concern over the investigation itself and directed the investigating officer to appear before it on Monday, November 2, and produce the case diary. 'I am having serious concern with how the investigation is progressing. I want to peruse the CD [case diary] before passing an order,' the judge said orally, adding that there must be considerable grounds to cancel bail and that the investigating officer must explain them. The court asked the prosecution what purpose of the investigation would be served by cancelling bail, and whether the investigating officer had approached the Juvenile Justice Board for a custodial interview, noting that the bail order already directs the teenager to cooperate with the investigation, Bar and Bench reported.
Source: Bar and Bench
How the case reached this hearing
According to the FIR registered by Cheranalloor Police, the Mercedes-Benz rammed the scooter ridden by 55-year-old street food vendor Jayabalakrishnan at around 2 am on Sunday, October 25, while he was returning home. The teenager was initially booked under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita (rash driving and causing death by negligence) and released on station bail; after protests by the victim's family and local residents, police added Section 105 BNS (culpable homicide not amounting to murder) read with Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act. The teenager's father, an additional district judge posted at the Motor Accident Claims Tribunal at Irinjalakuda in Thrissur district and the registered owner of the vehicle, was named a co-accused and has interim protection from arrest from the Kerala High Court. The Juvenile Justice Board granted the teenager bail on October 26.
Source: Bar and Bench
Arguing for cancellation of bail, the prosecution contended that the Juvenile Justice Board had not considered the teenager's previous conduct, the added culpable-homicide charge and how he had learned to drive without a licence, and alleged that he had deleted driving videos he had posted online — allegations that remain to be tested in court. Counsel for the victim's family argued that the teenager could himself be at risk in public and that he should be placed in an observation home for his own protection. The court, however, observed that these were matters for trial, pointed out that the incident was less than a week old, and on Friday had already directed both the State and the family's side to remove the teenager's name and address from their petitions.
Source: Live Law
The case is now posted to Monday, November 2, for the investigating officer's appearance and production of the case diary, and for the cyber police's action-taken report on the posts revealing the minor's identity.
Source: Live Law