The Kerala High Court on Thursday granted interim protection from arrest to an Additional District Judge booked in connection with a fatal car accident in Kochi involving his 17-year-old son. The teenager was allegedly driving a Mercedes-Benz when it collided with a scooter on October 25, killing the rider, identified as Jayabalakrishnan.
Justice Kauser Edappagath passed the order while hearing the judge's anticipatory bail plea. The court directed the police not to arrest him until further orders and instructed him to appear before the investigating officer at 1 pm on Thursday.
"The police shall not arrest the applicant until further orders. However, he shall appear before the investigating officer today at 1:00 pm and if necessary as and when called for. The interrogation of the applicant shall be done in accordance with the guidelines laid down by the Supreme Court," the court ordered.
Court Questions Need for Further Interrogation
Senior Advocate P Vijaya Bhanu, representing the accused judge, told the court that his client had appeared before the police on Wednesday and had been questioned for over four hours. He added that another notice had subsequently been issued for further interrogation.
The bench questioned the necessity of additional questioning and the need for arrest.
"What was the need to interrogate him for 4 hours and now for further interrogation? Why is his arrest required? He is a judicial officer. He will co-operate with the investigation," the court remarked.
However, counsel representing the victim's family opposed the plea, alleging that the judge had tampered with evidence after learning about the accident. The court granted interim protection while directing the prosecutor to furnish the State's response to the application.
Judge Claims He Was Unaware Son Took Car
In his plea, the judge claimed he was asleep when his minor son allegedly took the vehicle without his knowledge. He said he learnt about the accident only after receiving a phone call informing him about the incident.
The judge also argued that Section 105 of the Bharatiya Nyaya Sanhita (BNS), which deals with culpable homicide not amounting to murder, requires the necessary criminal intent or knowledge to be established.
"Attributing knowledge under Section 105 BNS vicariously to a parent who was sleeping at home when a minor took a vehicle surreptitiously is legally untenable and fundamentally opposed to settled principles of criminal law," the plea stated.
The FIR also invokes Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act, which include provisions concerning offences involving minors and potential parental or vehicle-owner liability.
Son Granted Bail, Inquiry Sought
The judge, posted at a Motor Accident Claims Tribunal in Irinjalakuda, Thrissur district, was named as an accused following the crash.
His son was granted bail by the Juvenile Justice Board in Ernakulam on October 26. The State's plea seeking cancellation of bail is pending before a sessions court.
Separately, the victim's family approached the Kerala High Court Chief Justice seeking an inquiry into the judge's conduct. The High Court's Administrative Committee held a preliminary meeting on October 27 but decided to await further details from the ongoing police investigation before considering action against the judicial officer.
