A 55-year-old scooter rider was killed after a Mercedes-Benz allegedly driven by a 17-year-old boy collided with his vehicle on Container Road near Maraparamb in Cheranelloor, Kochi, around 2.20am on Sunday, prompting police to consider additional charges and action before the Juvenile Justice Board.
The deceased was identified as Jayabalakrishnan, son of Rangaswamy Chettiyar of South Chittoor. He ran a roadside eatery and was reportedly travelling home after closing the shop. Police said both vehicles were moving towards Kalamassery and that a preliminary investigation indicated the Mercedes hit the scooter from behind.
An FIR was initially registered under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita for rash driving and causing death by negligence. Police later said Section 105, relating to culpable homicide not amounting to murder, would be added following allegations that the case had not attracted sufficiently strong action.
The teenager was released from the police station after the initial offences were treated as bailable. Police sources said a decision on further steps, including apprehending him and producing him before the Juvenile Justice Board, would be taken. A senior Cheranelloor police officer said the minor underwent a medical examination and that its preliminary report indicated he had not consumed alcohol. A detailed report is awaited.
The officer also said preliminary findings indicated that the boy was alone in the car. Police said the teenager claimed that the scooter suddenly swerved to avoid waterlogging during heavy rain and that he could not stop in time. That account remains part of the police investigation.
Jayalakshmi, a relative of the deceased, described the crash scene as severe, telling reporters that one of the victim’s footwear items was on the road while the other chappal and helmet were found some distance away on the service road. She also alleged that the minor’s father told her not to question him when she asked why a minor had been permitted to drive. These allegations have not been independently established in the supplied report.
Police have not disclosed the teenager’s identity or other details that could identify him, citing Section 74 of the Juvenile Justice (Care and Protection of Children) Act, which restricts disclosure of a child’s identity in conflict with the law.
The crash has also brought renewed attention to liability when a juvenile drives a vehicle. Youth Congress leader Shajahan P Y filed a complaint with Home Minister Ramesh Chennithala seeking action under Section 119A of the Motor Vehicles Act. The provision can hold a juvenile’s guardian or the vehicle owner responsible for the contravention, unless they establish that the offence occurred without their knowledge or that they exercised due diligence to prevent it. The law also presumes that the juvenile used the vehicle with the guardian’s or owner’s consent.
The incident follows another fatal crash in Kochi on October 11, when a Mini Cooper allegedly driven by a 19-year-old killed three youths riding a scooter. In that case, police said the driver was intoxicated and travelling at extreme speed, and later found that he had consumed alcohol at three bar hotels. Police said the accused remains in remand.
Cheranelloor police are expected to decide the next legal steps in the present case after receiving the detailed medical report and assessing the investigation, including the proposed addition of Section 105 and possible production of the minor before the Juvenile Justice Board.
