Kochi: The Kerala High Court on Thursday granted interim protection from arrest to an Additional District Judge booked in connection with a fatal car crash in Kochi involving his 17-year-old son.

Justice Kauser Edappagath passed the order on an anticipatory bail plea filed by the judicial officer, who is posted at the Motor Accidents Claims Tribunal (MACT) in Irinjalakuda, Thrissur district.

“The police shall not arrest the applicant until further orders. However, he shall appear before the investigating officer today at 1 pm and if necessary as and when called for,” the court ordered. It also directed that his interrogation be conducted in accordance with the Supreme Court’s guidelines.

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 interrogated for more than four hours. Another notice directing him to appear for questioning had since been issued, he added.

The court questioned the need for further interrogation and custodial questioning of the judicial officer.

“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 cooperate with the investigation,” the court remarked.

Counsel representing the legal heirs of the accident victim opposed the plea, alleging that the judge had tampered with evidence after learning about the crash.

The court, however, said it had to proceed strictly in accordance with the law and granted interim protection from arrest. It also asked the prosecutor to furnish the State’s response to the plea.

The judge was arraigned as an accused in the FIR registered after his minor son allegedly drove a Mercedes-Benz car into a two-wheeler at Cheranalloor in Kochi on October 25, killing scooter rider Jayabalakrishnan.

The FIR invokes Section 105 of the Bharatiya Nyaya Sanhita (BNS), which deals with culpable homicide not amounting to murder, along with Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act.

Section 199A provides for the liability of a vehicle owner or guardian when a juvenile commits a motor vehicle offence, subject to statutory exceptions.

In his anticipatory bail plea, the judge claimed that he had no knowledge that the car had been taken from the premises. According to the plea, he learnt about the incident only after receiving a phone call informing him that his minor son had taken the vehicle while he was asleep and had met with an accident.

The plea also argued that Section 105 of the BNS requires the necessary knowledge or intention concerning an act likely to cause death.

“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 judge was represented by senior advocate P Vijaya Bhanu and advocate John S Ralph.

The judge’s 17-year-old son was granted bail by the Juvenile Justice Board in Ernakulam on October 26. The State’s plea seeking cancellation of the bail is pending before a sessions court.

Meanwhile, the victim’s family has submitted a complaint to the Chief Justice of the Kerala High Court seeking an inquiry into the judicial officer’s conduct.

Sources told Bar & Bench that the High Court’s Administrative Committee held a preliminary meeting on October 27 to examine the material relating to the accident. As the police investigation is ongoing, the committee decided not to take action against the judicial officer at this stage and to await further information from the investigating agency.

The Kochi City Police had booked the judge in his capacity as the registered owner of the car allegedly driven by his minor son in the fatal crash. The investigation has since been transferred to the District Crime Branch amid public protests and political pressure over the handling of the case.
(With Bar and Bench inputs.)