Kerala HC protects judge from arrest amid allegations over bail for minor in fatal Mercedes crash

Amid allegations of high-handedness in securing bail for the 17-year-old who allegedly drove a Mercedes-Benz and killed a scooter rider in Cheranalloor, Kochi, the Kerala High Court on Thursday granted interim protection from arrest to the teenager’s father, an Additional District Judge, who claimed that his son had taken the vehicle without his knowledge.

Justice Kauser Edappagath passed the order while hearing the judge’s anticipatory bail plea in connection with the October 25 accident, which claimed the life of Jayabalakrishnan, the scooter rider. The court directed the police not to arrest the judicial officer until further orders, while requiring him to appear before the investigating officer at 1 pm on Thursday and thereafter whenever necessary.

Senior Advocate P Vijaya Bhanu, appearing for the judge, submitted that his client had appeared before the police on Wednesday and undergone more than four hours of questioning, after which another notice was issued for further interrogation.

Questioning the need for continued questioning and arrest, the court observed that the judge was a judicial officer who would co-operate with the investigation, and directed that any interrogation be conducted in accordance with the Supreme Court’s guidelines.

However, counsel representing the victim’s family opposed the plea, alleging that the judge had tampered with evidence after learning of the accident. The court granted interim relief while directing the prosecution to furnish the State’s response to the application.

In his plea, the judge maintained that he had been asleep at home when his minor son allegedly took the car surreptitiously, and that he learnt of the crash only after receiving a telephone call. He argued that Section 105 of the Bharatiya Nyaya Sanhita, which deals with culpable homicide not amounting to murder, required criminal intent or knowledge to be established, and that such knowledge could not automatically be attributed to a parent unaware of the incident.

The FIR also invokes Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act, covering offences and liability associated with underage driving.

The teenager was granted bail by the Juvenile Justice Board in Ernakulam on October 26, although the State’s plea seeking cancellation of bail remains pending before a sessions court.

Separately, the victim’s family approached the High Court Chief Justice seeking an inquiry into the judge’s conduct. The court’s Administrative Committee held a preliminary meeting on October 27 but decided to await further details from the police investigation before considering any action against the judicial officer.