Kochi Mercedez-Benz Crash: Kerala Court Asks State To Remove Minor's Name From Bail Cancellation Plea

  • Kochi Mercedez-Benz Crash: Kerala Court Asks State To Remove Minors Name From Bail Cancellation Plea
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    A Kerala court on Friday (October 30) directed the State government to make necessary corrections in its plea seeking cancellation of the bail granted to the minor accused in the Kochi Mercedes-Benz crash.

    The allegation is that the 17-year-old drove the car which hit scooterist Jayabalakrishnan in Cheranalloor while he was returning home from work. Jayabalakrishnan's wife has also moved a petition to implead herself in the State's plea.

    Smt. Kavitha Gangadharan, Addl. District Judge, today noted that the State's plea as well as the impleading petition reveals the name and details of the minor/Child in Conflict with Law (CCL).

    The Court remarked that the pleas violate Section 74 of the Juvenile Justice Act, which prohibits the disclosure of the name, details or other particulars, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime.

    It also noted another defect in the State's plea, which was not moved as a Criminal Appeal as per Section 101 of the JJ Act. The other family members of the victim also informed the Court that a separate appeal has been moved seeking cancellation of bail granted to the juvenile.

    The Court has posted the case to Saturday (October 31) to hear the appeals, after necessary corrections are made to remove the name of the minor.

    According to the FIR registered by the Cheranalloor Police, the car rammed into the scooter ridden by a 55-year-old street food vendor at around 2:00 am on Sunday (October 25) while he was returning home. The minor/CCL is the son of a District Judge.

    On Monday, the Juvenile Justice Board, Ernakulam had granted bail to the 17-year-old. The State had moved for bail cancellation on the same day.

    On Wednesday, the Court had called for the case records from the JJB and issued notice to the minor/Child in Conflict with Law (CCL).

    The judge, who is the registered owner of the Mercedes-Benz, was also recently arrayed as an accused. He has been booked under Section 105 of the BNS read with Sections 181 and 199A of the Motor Vehicles Act. Yesterday, the High Court had granted him interim protection from arrest, while considering his anticipatory bail plea.

    Case Title :  State of Kerala v. X.Case Number :  BA/45/2026
    K. Salma Jennath

    Salma Jennath is a Principal Correspondent with LiveLaw, covering Kerala High Court

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