Kochi: The Kerala High Court on Thursday granted interim protection from arrest to an Additional District Judge named as an accused in a fatal road accident in Kochi’s Cheranalloor area. His 17-year-old son allegedly drove the Mercedes-Benz involved in the crash, which killed a scooter rider on October 25.
The victim, Jayabalakrishnan, 55, sold street food and was riding a two-wheeler when the luxury car struck him at Cheranalloor. Police later booked the minor driver and also arraigned his father as the second accused, citing his ownership of the vehicle and paternity.
The case includes provisions of the Motor Vehicles Act, 1988, and Section 105 of the Bharatiya Nyaya Sanhita. The Juvenile Justice Board has already granted bail to the teenage driver.
Why The Court Intervened
Hearing the judge’s anticipatory bail plea, Justice Kausar Edappagath said the officer had responded to police notices and was available for questioning. The bench held that arrest was unnecessary where custodial interrogation served no purpose and the accused was prepared to cooperate, as reported by The New Indian Express.
“He is a judicial officer. He will cooperate with the investigation. Why do you (the police) want to arrest him? He has already been subjected to interrogation. There is no scope for custodial interrogation… The court cannot succumb to public outcry, unlike the government or the police. We will strictly go by the law… He is a sitting judge,” the court observed.
Senior advocate P Vijayabhanu, representing the judge, told the court that his client had appeared before the investigating officer after receiving a notice, but police later issued another summons.
Judge’s Version
In his petition, the judge said he was asleep when the vehicle was allegedly taken and came to know about the accident only after a phone call at around 2.14 am. He stated that he had no prior knowledge that his minor son had taken the car from the house.
He further said police searched his residence under a magistrate-issued warrant and seized electronic gadgets and a motorbike. According to him, the search was meant to establish whether he knew about his son’s use of the car, and nothing further remained to be investigated.
The High Court has separately sought the judge’s explanation for allegedly visiting the police station without prior permission from the District Judge. The judge has submitted his explanation, according to the petition.