A Kerala court on Monday (November 2) reserved its verdict in the pleas preferred challenging the grant of bail to the minor accused in the Kochi Mercedes Benz Accident case that occurred near Cheranalloor on October 25.

Smt. Kavitha Gangadharan, Additional Sessions Judge (Ernakulam) heard detailed arguments by the public prosecutor, the counsel for the family of the victim as well as the counsel for the Child in Conflict with Law (CCL) yesterday. The case has been posted to Thursday (November 5) to pronounce orders.

The court had decided to hold in-camera hearing of the appeals preferred by the State and the victim's family, in order to protect the identity of the CCL:

"Having regard to the nature of the allegations raised, the need to preserve the identity and safety of the CCL and to ensure the confidentiality of the proceedings, it is directed that the further proceedings in both these appeals shall be conducted in camera. All parties concerned, their representatives and persons having access to the proceedings are directed not to disclose, publish, circulate or otherwise publicise the contents of the in-camera proceedings, including any information which may directly or indirectly reveal the identity of the CCL, through print or electronic media, social media or any other public platform, except as permitted by law or by an order of the competent court. The above direction is issued in the interest and the safety and privacy of both parties and to protect the fairness and confidentiality of the judicial process. It is made clear that these observations and directions are intended only to ensure a fair, orderly and confidential continuation of the proceedings, and shall not be construed as expressing any opinion on the merits of the appeals or on the allegations raised by either side," it had said.

Last week, the court had orally expressed serious doubts regarding the manner in which the investigation is being carried and had also questioned why the cyber police had not taken any action against social media accounts that revealed the identity of the CCL in contravention of the Juvenile Justice Act. It had then passed an order directing the cyber police to submit an action taken report on the actions taken against such posts and accounts. It had also directed the investigating officer to appear before it and produce the case diary (CD).

Accordingly, the CD was produced before the court and the investigating officer was also present. The cyber police concerned had also submitted an action taken report. Perusing the action taken report, the court observed:

"On perusal of the report, it is seen that necessary steps have been initiated by the Cyber Police and an application has been submitted before the Chief Judicial Magistrate Court, Ernakulam seeking appropriate orders, since the alleged offences are non-cognizable."

The court also directed the parties not to make any public statements or interviews that may prejudice the ongoing investigation or reveal the identity of the CCL.

According to the FIR registered by the Cheranalloor Police, the car rammed into the scooter ridden by 55-year-old street food vendor Jayabalakrishnan at around 2:00 am while he was returning home. The crime was registered incorporating offences under Section 106 BNS initially and the minor was released on custody bail. Subsequently, the police included Section 105 BNS [culpable homicide not amounting to murder] and produced the minor before the JJB, which released him on bail.

The police has also booked the minor's father and registered owner of the car, who is a sitting District Judge. The Kerala High Court had granted interim protection from arrest to the accused judicial officer.