A Keralam court deferred the prosecution's appeal against the juvenile's bail after finding filing errors. The case has intensified scrutiny of the police response, vehicle-owner liability and the bail decision.Police have named the judge as an accused under Section 199A of the Motor Vehicles Act.
The hearing on the prosecution's appeal seeking cancellation of bail granted to the 17-year-old son of an Additional District and Sessions Judge in connection with a fatal car accident in Keralam has been postponed to Saturday after the court found errors in the filing.The Special Court for Women and Children directed the prosecution to rectify the mistakes and submit the corrected appeal.The court pointed out that the prosecution had filed the application as a petition instead of an appeal. It also noted that the name of the juvenile had been disclosed in the filing.Questioning the manner in which the application was submitted, the court asked the prosecution whether this was how such a plea should be filed and directed it to make the necessary corrections.
The matter will now be heard on Saturday. The latest development comes amid scrutiny of the police investigation and the bail granted to the minor following the fatal accident involving a Mercedes-Benz car registered in his father's name.The accident occurred earlier this week when the car, driven by the judge's son, hit a scooter from behind, killing its rider, Jayabalakrishnan, a 55-year-old man who ran a roadside eatery.JUDGE SEEKS ANTICIPATORY BAIL The case has also brought the judge under scrutiny.
The Additional District and Sessions Judge has approached the Kerala High Court seeking anticipatory bail, claiming that he was unaware that his minor son had taken the Mercedes-Benz out.In his application, the judge said he learnt about the accident only after receiving a phone call following the crash.Police have named the judge as an accused under Section 199A of the Motor Vehicles Act. The provision deals with the liability of a juvenile's guardian or the vehicle's owner for offences committed by a minor under the Act.The investigation was transferred to the District Crime Branch due to the sensitive nature of the case.
The Kerala High Court had earlier permitted the police to name the judge as an accused.POLICE ACTION AND BAIL CONTROVERSYThe teenager was initially detained and booked under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS), which deals with causing death by negligence. He was released on station bail on Sunday evening.Following protests by the victim's family outside the Cheranalloor police station, the teenager was detained again and booked under Section 105 of the BNS, relating to culpable homicide not amounting to murder.
He was subsequently produced before the Juvenile Justice Board, which granted him bail.Keralam Home Minister Ramesh Chennithala had criticised the decision to grant bail to the minor and said he had directed the police to initiate proceedings for its cancellation.Responding to a notice in the state Assembly, Chennithala said the police had informed the High Court about the case registered against the judge and that the government had no role in deciding action against him.The minister also acknowledged lapses in the initial police response, questioning why only bailable sections had been invoked at first.Police have also said that a video recovered from the teenager showed the car travelling at around 104 kmph.VICTIM'S FAMILY DEMANDS ACTIONJayabalakrishnan's family has demanded action against the judge and questioned the decision of the Juvenile Justice Board to grant bail to the teenager.His son, Barathsankar, said the family would continue its protest until action was taken against the judge and the board.The case has raised questions over the police's initial handling of the accident, the legal responsibility of a vehicle owner when a minor drives, and the decision to grant bail to the juvenile.- Ends