Kochi police have named an additional district judge as an accused in the fatal crash involving his 17-year-old son, who was allegedly driving a Mercedes-Benz that struck a scooter on Container Road near Maraparambu in Cheranelloor early Sunday. The collision killed 55-year-old Jayabalakrishnan, who ran a roadside eatery in Chittoor.
The investigation has been transferred to the district crime branch. Kochi city police commissioner Kaliraj Mahesh Kumar said police had invoked provisions of the Motor Vehicles Act concerning the responsibility of a parent or guardian when a juvenile is involved in an offence. The judge is also the registered owner of the car.
Police said the vehicle had travelled at more than 100kmph at some point before the crash. On that basis, officers added Section 105 of the Bharatiya Nyaya Sanhita, which concerns culpable homicide not amounting to murder, along with charges related to speeding. The original case had included Sections 281 and 106(1) of the BNS, relating to rash driving and causing death by negligence.
Kumar said the police were following the required procedure and would need permission from the high court. He said investigators were examining the case under Section 199A of the Motor Vehicles Act, which can hold a juvenile’s guardian or the vehicle owner liable in certain circumstances for offences committed by a minor, including where the vehicle is presumed to have been used with the owner’s consent.
The crash occurred at about 2.20am when the car hit Jayabalakrishnan’s scooter from behind. Police initially treated the incident as a crash that occurred during rain. After examining the juvenile’s mobile phone and other details, officers said they found evidence indicating that the car had been travelling at high speed before the collision.
Investigators are continuing to examine closed-circuit television footage. Kumar said police did not yet have direct evidence or eyewitnesses to establish the vehicle’s speed at the precise moment of impact. The police commissioner also said the juvenile was produced before the magistrate in charge of the Juvenile Justice Board and was sent home with his parents, in accordance with the Juvenile Justice Act.
The victim’s family protested at Cheranelloor police station on Sunday night after the funeral, alleging that the accused was receiving preferential treatment. Police subsequently added the culpable homicide provision. Kumar said officers were examining whether to appeal against the bail granted in the case.
The commissioner described the offence as serious because the crash killed the family’s breadwinner. He said parents needed to exercise care to ensure that a juvenile did not drive the vehicle, while also stating that the juvenile had a responsibility because the speed was allegedly high.
A senior police officer said further action against the judge was being taken in accordance with Supreme Court guidelines applicable when a judge is booked. The crime branch investigation, the review of CCTV footage and the police decision on a possible bail appeal are the next stated steps in the case.
