Kochi Mercedes-Benz crash: HC grants anticipatory bail to judge; Sessions Court hears plea to cancel son’s bail
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Kochi: The Kerala High Court on Thursday granted anticipatory bail to the Additional District Judge whose 17-year-old son allegedly drove a Mercedes-Benz that fatally knocked down a wayside eatery owner on Container Road in Cheranalloor.
Justice Kauser Edappagath allowed the judge’s pre-arrest bail plea, observing that he had been cooperating with the investigation and that custodial interrogation was not necessary under the circumstances.
The relief came despite strong opposition from the prosecution and the family of the deceased, 55-year-old Jayabalakrishnan. They argued that the judicial officer could use his official position and influence to tamper with evidence and compromise the fairness of the investigation.
The minor is the first accused in the case, while his father, the Additional District Judge, has been named as the second accused in his capacity as the registered owner of the Mercedes-Benz car involved in the accident.
During the hearing, the HC questioned the prosecution’s insistence on arresting the judicial officer, pointing to the investigation already carried out, including his interrogation and a search at his residence.
“The prosecution has not stated that the accused is failing to cooperate with the probe. He has already been interrogated for six hours. A raid was conducted at his residence, and documents and other materials were seized. Their examination needs to be completed. Under these circumstances, why is an arrest required? The petitioner is a judicial officer under the direct supervision of the High Court. Therefore, there is no likelihood of him absconding. He has no prior criminal cases. The investigation must be fair and transparent. Legal protection will also be ensured for the victims in the case. If the petitioner does not cooperate with the interrogation, the court may be informed of the same,” the court observed.
Holding that custodial questioning was unwarranted in the existing circumstances, the court made the anticipatory bail relief absolute.
Sessions court hears plea to cancel minor's bail
Meanwhile, the Ernakulam Additional Sessions Court, which handles cases involving crimes against women and children, on Thursday took up petitions challenging the bail granted to the 17-year-old boy. Arguments in the matter continued into the afternoon.
The Keralam government and Bhadra Keerthi, daughter of the deceased, approached the sessions court seeking cancellation of the statutory bail earlier granted to the teenager by the Juvenile Justice Board.
The fatal accident occurred around 2.20 am on October 25 near Maraparambu on the Cheranalloor stretch of Container Road. Jayabalakrishnan, a 55-year-old resident of South Chittoor who ran a roadside eatery, was riding home on his scooter when the speeding Mercedes-Benz rammed his vehicle, killing him.