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Keralam Court Defers Bail Cancellation Plea for Minor in Fatal Mercedes Crash

· GlobeWire Daily Editorial Desk · Source: www.indiatoday.in

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Key takeawaysA Special Court for Women and Children in Keralam has postponed the hearing on a prosecution appeal to cancel the bail granted to a 17-year-old involved in a fatal road accident. The court deferred the matter to Saturday after identifying procedural errors in the prosecution's filing.
Keralam Mercedes crash: Court flags errors, defers minor's bail cancellation plea

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A Special Court for Women and Children in Keralam has postponed the hearing on a prosecution appeal to cancel the bail granted to a 17-year-old involved in a fatal road accident. The court deferred the matter to Saturday after identifying procedural errors in the prosecution's filing.

Procedural Errors and Court Directives

  • The court noted that the application was submitted as a petition rather than an appeal.
  • The prosecution was found to have disclosed the identity of the juvenile in the legal documents, which is prohibited.
  • The court directed the prosecution to correct these errors and submit a revised appeal.

Background of the Case

The incident occurred earlier this week when a Mercedes-Benz, registered in the name of an Additional District and Sessions Judge, struck a scooter from behind. The rider, 55-year-old Jayabalakrishnan, died at the scene. The investigation revealed the car was driven by the judge's 17-year-old son.

Following public outcry and protests by the victim's family, the case was transferred to the District Crime Branch. Police initially booked the teenager under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS) for death by negligence, later upgrading the charge to Section 105 (culpable homicide not amounting to murder). The Juvenile Justice Board subsequently granted bail.

Authorities have charged the judge under Section 199A of the Motor Vehicles Act, which addresses the liability of vehicle owners when a minor commits an offense. The judge has approached the Kerala High Court for anticipatory bail, asserting he was unaware his son had taken the vehicle. Keralam Home Minister Ramesh Chennithala has acknowledged lapses in the initial police handling of the case and confirmed that the government has directed efforts to seek the cancellation of the minor's bail.

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