Kochi Mini Cooper crash: Court refuses to move Suhail from Borstal School to prison

The application was filed by the superintendent of Kakkanad Borstal School, who cited concerns that the high-profile nature of the case could put Suhail at risk of an attack by fellow inmates. 

The Angamaly Judicial First Class Magistrate Court has rejected a request to transfer 19-year-old Suhail Sajeev, the prime accused in the Nedumbassery fatal crash, from Kakkanad Borstal School to Viyyur Central Prison. The court found no specific evidence of a threat to his safety at the facility.

The application was filed by the superintendent of Kakkanad Borstal School, who cited concerns that the high-profile nature of the case could put Suhail at risk of an attack by fellow inmates. Borstal Schools house adolescent offenders between the age of 18 to 21.  

However, Magistrate Samyuktha MK noted that no actual threat, unrest or attempt to attack him had been reported. Suhail had also not raised any concerns about his safety when produced before the court on a production warrant.

The court said an accused with no prior criminal antecedents could not be moved to a conventional prison for adult offenders based on unsubstantiated fears. Referring to section 39(4) of the Kerala Prisons and Correctional Services (Management) Act (2010) and the Borstal Schools Act (1961) the court noted that the legal framework provides for adolescent offenders to be detained in Borstal Schools even after conviction.

“... when the law contemplates the detention of even an adolescent offender found guilty of an offence in a Borstal School, it would be inappropriate to direct the detention of an adolescent accused, whose trial is pending, in a sub-jail where adult and hardened offenders are detained,” the court observed.

The magistrate also examined the accommodation available at Viyyur Central Prison. Although the prison authorities had indicated that arrangements could be made to house Suhail, their report did not establish that separate accommodation for adolescent offenders was operational. The court further noted that the prison, which has a sanctioned capacity of 553 inmates, was housing 1,227 at the time of the report.

The court said ensuring inmates’ safety was the responsibility of prison authorities, who could take protective measures under the applicable rules without seeking a specific judicial direction. It said the Borstal School authorities could seek administrative approval from the Director General of Prisons and Correctional Services for a transfer if necessary. They could also approach the court again if a specific threat emerged and suitable segregation facilities were available elsewhere.

The order comes amid public criticism of the decision to house Suhail at Kakkanad Borstal School rather than a regular prison. The facility accommodates detainees aged between 18 and 21, and police had said the court’s remand order specifically directed that the accused be lodged there.

The Ernakulam Rural Police had denied allegations of preferential treatment, citing Section 324 of the Kerala Prison Rules, which provides for steps to transfer prisoners below 21 to Borstal Schools to prevent their character from being adversely influenced by association with other categories of prisoners.

Suhail is accused of driving a luxury Mini Cooper under the influence of alcohol when it struck a scooter on Airport Road near Athani in Nedumbassery at around 1.45 am on October 11. The car was allegedly travelling at more than 165 km per hour when it hit the two-wheeler from behind.

The crash killed three 21-year-olds who were returning after dinner. Gopika, daughter of Pradeep Kumar and Sajitha of Mullankuzhi House in Edakurissi, Mannarkkad; Devika, also known as Kukku, daughter of Santhosh Kumar and Saritha of Madakkimala in Kalpetta; and Iyas, son of Ibrahim and Rukiya from Sullia in Karnataka, were all killed. They had been working part-time at a commercial store.

Police arrested Suhail and his three co-passengers, Ninav (19) Ameer (20) and Joel (20) in connection with the case. The Angamaly court rejected the bail applications of all four accused on October 17. The defence is reportedly preparing to approach the Sessions Court for bail.

The case has also drawn criticism over Suhail’s appearance when he was produced before the court. He had long hair at the time of the crash but was later seen with his head shaved and his hair cropped close to the scalp. This prompted allegations that the change could complicate eyewitness identification. Prison authorities said inmates had access to personal grooming tools and that the haircut was voluntary, while also describing it as part of mandatory personal hygiene measures.

Meanwhile, Gopika’s family has sought the appointment of a special public prosecutor. The family emailed the Additional Chief Secretary and is expected to submit a formal letter, proposing advocate John S Ralph, who practises at the Kerala High Court, for the position. The family alleged that there had been attempts to protect the accused from the beginning of the case and called for a thorough legal process and appropriate punishment.

The Special Investigation Team (SIT), led by Deputy Superintendent of Police Baiju Paulose, visited Devika’s home in Wayanad to gather further information and spoke to her parents. The family said it had confidence in the investigation and hoped to receive justice. The team is expected to visit Gopika’s home on Friday.

Police are expected to file the chargesheet after recording further statements, including that of Suhail’s mother.