The Kerala High Court has directed police not to arrest an Additional District and Sessions Judge in connection with a fatal Mercedes-Benz crash in Kochi that killed a 55-year-old scooterist, while requiring the judge to cooperate with the investigation.
Justice Kauser Edappagath passed the order on Thursday while hearing the judge’s anticipatory bail petition. The court allowed the deceased man’s family to file an impleading petition in the case. The judge had approached the High Court after police named him as an accused.
The case concerns an accident in the early hours of Sunday on Container Road at Marapparambu in Cheranalloor. Jayabalakrishnan, a resident of South Chittoor who ran a roadside eatery, was returning home on his scooter when he was hit by the speeding Mercedes-Benz. The vehicle is registered in the judge’s name.
Counsel for the judge told the court that he did not know his 17-year-old son had taken the car from the family residence. According to the submission, the judge learned about the accident after receiving a call from his son at 2.14 am. The counsel also told the court that police had questioned the judge for four hours on Wednesday and had directed him to appear again on Thursday.
The Special Government Pleader informed the court that the vehicle had been seized and that police had searched the judge’s premises. Laptops, mobile phones and other items were seized during the search, the court was told.
The High Court observed that the applicant was a serving judicial officer in the District and Sessions Judge cadre and that there was no likelihood of him absconding or evading the legal process. It directed that the judge not be arrested until further orders. The court also ordered him to appear before the investigating officer at 1 pm on Thursday and cooperate with questioning in accordance with law and Supreme Court guidelines.
The judge subsequently arrived at the Kochi City Police Club for questioning. The matter has been posted for November 5.
The deceased’s family said it was disappointed with the order but respected the court’s decision. Jayabalakrishnan’s daughter, Bhadrakeerthi, said the family would consult its lawyer on the next course of action and would continue to pursue the case legally.
Police initially registered a case under Section 106(1) of the Bharatiya Nyaya Sanhita, relating to causing death by negligence, and released the minor on bail from the police station on Sunday evening. The action led to protests outside the Cheranalloor police station, where the deceased’s children and activists demanded the accused’s arrest and production before the Juvenile Justice Board.
After a preliminary investigation, police invoked Section 105 of the BNS, which concerns culpable homicide not amounting to murder. The Juvenile Justice Board later granted bail to the minor, while police named his father as an accused in the case. The High Court’s interim direction remains in force until further orders, with the next hearing scheduled for November 5.
