25 June,2024 07:13 AM IST | Mumbai | Apoorva Agashe
The Porsche driven by the 17-old kid. PICS/X
The Bombay High Court came down heavily on the Pune police and granted the custody of the accused in the Porsche accident case to his aunt, who is the petitioner in this matter. The bench headed by Justice Bharati Dere and Justice Manjusha Despande also observed that the accused's remand application was illegal and ordered his immediate release. Last week, the aunt of the 17-year-old had filed a habeas corpus petition seeking his release from the remand home.
Ashwini Costa and Anis Awadhiya who were mowed down
"It's a non-bailable offence but the CrPC does not apply to a child in conflict with the law. We had asked for the immediate release of the minor boy and that custody be granted to his paternal aunt," said Advocate Prashant Patil, who represented the minor's aunt. While the court observed the incident was unfortunate, it said the minor's well-being should be a priority and that his remand in the observation home could harm him. However, the HC directed that the minor's counselling be continued after his release.
The public prosecutor had argued that the minor had been released in the custody of a fit person, his grandfather. However, since his parents and grandparents were in custody of the police, he was under the probation officer observation.
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CCTV footage of the accused and his friends drinking at the Pune bar
The accident took place in the early hours of May 19 in Pune's Kalyani Nagar area. The teen, who the police claim was drunk and driving the luxury car, rammed a two-wheeler killing two techies. The Juvenile Justice Board (JJB) granted him bail on the same day. It ordered that he be put under his parents' and grandparents' care and write a 300-word essay.
However, when the Pune police later filed an application before the JJB seeking an amendment to the bail order, the board ruled that the boy to be taken into custody and remanded him to an observation home on May 22. The court said the minor will have to follow the JJB bail order conditions and write the essay, and also study traffic rules.
