Kochi:
“This judgment is a stab in my chest,” said an emotional Bhadra Keerthi, daughter of Jaibalakrishnan, who was killed after being hit by a Mercedes-Benz allegedly driven by a 17-year-old in Kochi’s Cheranalloor, reacting to the Kerala High Court granting anticipatory bail to the minor accused’s father, a sessions judge.
Speaking exclusively to NDTV, Bhadra Keerthi said the verdict had come just a day before the conclusion of her father’s funeral rituals, when the family had been hoping for some measure of justice.
“Tomorrow, the rituals for my father will conclude. We were expecting some justice for our family. Unfortunately, that has not happened,” she said.
The family has now decided to approach the Supreme Court to challenge the High Court’s order.
Thursday witnessed extraordinary courtroom exchanges in two separate proceedings connected to the fatal Mercedes crash, a case that has already triggered allegations of police lapses and preferential treatment.
While the Kerala High Court heard the anticipatory bail plea of the sessions judge, the Additional District and Sessions Court in Ernakulam was hearing the prosecution’s appeal against the bail granted to his 17-year-old son by the Juvenile Justice Board.
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Sessions Court Demands FIRs From Similar Juvenile Crash Cases
In a significant development, Judge Kavitha Gangadharan, presiding over the Additional District and Sessions Court designated to try cases involving atrocities against women and children, directed the investigating officer to produce details of similar fatal accidents involving juvenile drivers in which culpable homicide not amounting to murder charges had been invoked.
The court gave the Crime Branch Assistant Commissioner just one hour to furnish details of FIRs registered anywhere in Ernakulam district or elsewhere in Kerala under Section 105 of the Bharatiya Nyaya Sanhita.
The judge wanted to establish whether the stringent provision had been applied in comparable cases involving minors or whether the Cheranalloor crash was being treated as an exception.
The court cautioned the investigating officer that he would have to explain if no comparable cases could be identified and Section 105 had been invoked only in the present case.
When the investigating officer referred to the limits of his jurisdiction, the court made it clear that obtaining the relevant information was his responsibility, whether the cases were registered within the city or elsewhere in the state.
“FIR or no FIR, you are responsible,” the judge told the officer.
Court Questions Prosecution Over Procedural Lapses
The Sessions Court also questioned why the prosecution had initially approached the Principal Sessions Court to challenge the Juvenile Justice Board’s bail order instead of the designated court handling cases involving juveniles.
The court noted that it was the only such designated court in Ernakulam district.
Judge Kavitha Gangadharan further sought clarification on whether the Juvenile Justice Model Rules constituted the sole framework prescribed by the state government for dealing with children in conflict with law.
The pointed questions came against the backdrop of an already contentious hearing on November 2, when the court expressed displeasure over the prosecution and the victim’s family counsel trading allegations against each other.
The judge subsequently ordered further proceedings to be conducted in camera despite objections from the family’s counsel.
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High Court Questions Need To Arrest Sessions Judge
Meanwhile, in the Kerala High Court, Justice Kauser Edappagath questioned the counsel representing Jaibalakrishnan’s family over the need for custodial interrogation of the sessions judge.
The court asked why custodial interrogation was necessary when the accused had been cooperating with the investigation.
Justice Edappagath also questioned the necessity of taking the judicial officer into custody when he remained under the scrutiny of the High Court.
The court indicated that if the accused obstructed the investigation or interfered with the administration of justice, an application seeking cancellation of bail could be considered.
Following the hearing, the High Court granted anticipatory bail to the sessions judge.
Family Prepares For Supreme Court Battle
The contrasting courtroom developments have added another chapter to the controversy surrounding the Cheranalloor crash.
While the Sessions Court scrutinised the police decision to invoke culpable homicide charges against the juvenile driver, the High Court granted protection from arrest to his father, who is also an accused in the case.
For Jaibalakrishnan’s family, the High Court verdict came as a devastating setback.
With the final funeral rituals scheduled to conclude tomorrow, Bhadra Keerthi said the family would continue its legal battle and approach the Supreme Court in pursuit of justice.
