The Kerala High Court has granted interim protection from arrest to an additional district judge named as an accused in the investigation into a fatal Mercedes-Benz crash in Kochi involving his 17-year-old son.
Justice Kauser Edappagath passed the order on Thursday while hearing the judge’s anticipatory bail plea. The court directed that the police shall not arrest him until further orders. It also required him to appear before the investigating officer at 1pm on Thursday and whenever called, if necessary.
The court said any interrogation must be conducted in accordance with guidelines laid down by the Supreme Court. The judge is posted at a Motor Accident Claims Tribunal in Irinjalakuda in Thrissur district.
Senior advocate P Vijaya Bhanu, appearing for the judge, told the court that his client had appeared before the police on Wednesday and had been questioned for more than four hours. A further notice directing him to appear before the police had subsequently been issued.
Questioning the need for another interrogation and custodial questioning, the court observed, “What was the need to interrogate him for four hours and now for further interrogation? Why is his arrest required? He is a judicial officer. He will co-operate with the investigation.”
The case relates to an October 25 crash in Cheranalloor, Kochi, in which a Mercedes-Benz allegedly driven by the judge’s minor son hit a two-wheeler. The rider, identified as Jayabalakrishnan, died in the collision. The judge was later named as an accused in the first information report registered in connection with the crash.
In his anticipatory bail plea, the judge claimed that he did not know the vehicle had been taken from the premises. He said he learnt about the accident after receiving a phone call while he was asleep. The plea also argued that Section 105 of the Bharatiya Nyaya Sanhita, which concerns culpable homicide not amounting to murder, requires knowledge that the act was likely to cause death.
The victim’s legal heirs opposed the plea. Their counsel alleged that the judge had tampered with evidence after being informed about the accident. The High Court said it had to proceed strictly in accordance with the law and granted interim protection from arrest. It also directed the prosecutor to provide the state’s response to the plea.
The victim’s family has separately approached the Kerala High Court Chief Justice seeking an inquiry into the judicial officer’s conduct. According to Bar and Bench, the High Court’s Administrative Committee held a preliminary meeting on October 27 and decided to await further material from the investigating agency before taking action against the judge.
The court’s interim order protects the judge from arrest for the present but does not conclude the criminal investigation or determine the allegations against any person. Further proceedings will depend on the state’s response and material submitted by the investigating agency.
