Anticipatory bail given to Kerala Judge accused in minor son’s fatal Mercedes crash

Jayabalakrishnan, who ran a roadside eatery, was heading home after closing the shop when the accident occurred at 2.20 am on Sunday. Both vehicles were travelling towards Kalamassery.

KOCHI: The Kerala high court on Thursday granted interim protection from arrest to the additional district judge whose 17-year-old son allegedly drove a Mercedes-Benz that hit a two-wheeler in Kochi, killing the rider.Justice Kauser Edappagath passed the order on an anticipatory bail plea filed by the judge, who is posted at a Motor Accident Claims Tribunal in Irinjalakuda, Thrissur district.“The police shall not arrest the applicant until further orders. However, he shall appear before the investigating officer today at 1pm 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.Senior advocate P Vijaya Bhanu, appearing for the judge, told the court that his client had appeared before the police on Wednesday and was interrogated for more than four hours. Another notice directing him to appear before the police had since been issued.Questioning the need for further interrogation and custodial questioning, the court remarked, “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 co-operate with the investigation.”Counsel representing the victim’s legal heirs opposed the plea, alleging that the judge had tampered with evidence after being informed of the accident.The court said it had to proceed strictly in accordance with the law and granted interim protection from arrest. It also asked the prosecutor to provide the state’s response to the plea.The judge was named as an accused in the FIR registered after the October 25 crash in Cheranalloor, Kochi, in which his minor son allegedly drove the car that hit a two-wheeler, killing Jayabalakrishnan.In his anticipatory bail plea, the judge claimed he had no knowledge that the vehicle had been taken from the premises. He said he learnt of the accident after receiving a phone call while asleep.The plea also argued that Section 105 of the Bharatiya Nyaya Sanhita, which deals with culpable homicide not amounting to murder, requires knowledge that the act is likely to cause death.

Meanwhile, the victim’s family has complained to the Kerala high court chief justice seeking an inquiry into the judicial officer’s conduct. According to Bar & Bench, the High Court’s Administrative Committee held a preliminary meeting on October 27 and decided to await further material from the investigating agency before taking any action against the judge.