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The Kerala High Court on Thursday (October 29) granted interim protection from the arrest to the District Judge accused in the Kochi-Mercedes Benz accident that occurred on Sunday (October 25) in Cheranalloor.

The prosecution allegation is that the accused judge's 17-year-old son took the car, which rammed into the scooter driven by late Jayabalakrishnan.

The judge has been booked by the Cheranalloor police under Section 105 [Punishment for culpable homicide not amounting to murder] of the Bharatiya Nyaya Sanhita, 2023 read with Sections 181 [Driving vehicles in contravention of section 3 or section 4], 183 [Driving at excessive speed, etc.], and 199A of the Motor Vehicles Act [Offences by juveniles].

Dr. Justice Kauser Edappagath granted interim relief in the Judge's anticipatory bail plea.

"There is no scope for custodial interrogation. He will cooperate with investigation. Necessarily, he has to be granted protection. He is a judicial officer. He will cooperate. He has cooperated also. 4 hours, you had interrogated," the Court orally said.

"The applicant being a serving judicial officer in the cadre of District Judge in the State of Kerala, there is no question of...that he will abscond, evade the process of law...The 2nd respondent [SHO, Cheranalloor Police Station] or any other police officer, who is concerned with the investigation in the case, shall not arrest the applicant until further orders," the Court said.

The Court further directed the accused judge to appear before the investigating officer today at 1 p.m. and, as and when necessary. It added that the interrogation shall be strictly as per law as well as the guidelines laid down by the Apex Court.

It also allowed the impleading petition filed by the family members of the victim, Jayabalakrishnan. The matter is adjourned granting time to the public prosecutor to get instructions.

Senior Advocate P. Vijayabhanu appearing for the accused judge told the Court that the police had already done a 4-hour-long interrogation and had also seized vehicle as well as the electronic gadgets during a search conducted at his house.

According to the FIR registered by the Cheranalloor Police, the car allegedly driven by the judge's 17-year-old son rammed into the scooter ridden by a 55-year-old street food vendor Jayabalakrishnan at around 2:00 am on Sunday (October 25) while he was returning home.

The minor was recently granted bail by the Juvenile Justice Board, Ernakulam. The State government has moved the Sessions Court to cancel the bail granted to the minor. Yesterday, Jayabalakrishnan's wife has filed a petition to be made a party in the State's plea.

The accused judge has pleaded that he was unaware of his son taking his car and that he came to know about the same when he received a telephone call about the accident. He has further stated that a search warrant was issued by the jurisdictional magistrate and the search of his residence was also conducted. It is stated that the police had seized the electronic gadgets, motor bike from the house and nothing remains for investigation since the search warrant was specifically to determine whether he was aware of his son taking the car.

In the plea, it is further stated that the High Court had sought an explanation from the judge as to why he visited the Cheranalloor police station without permission from the District Judge concerned and an explanation was also given by him.

Counsel for the petitioner: P. Vijayabhanu (Sr.), John S. Ralph 


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