Kerala HC protects judge from arrest in fatal crash case involving minor son

• Kerala High Court grants a serving judge protection from arrest until further orders in a fatal crash case involving his 17-year-old son

• The court directs him to cooperate with investigators and posts the anticipatory bail plea for 5 November

• The victim’s family expresses disappointment with the order but says it will continue pursuing the case legally

The Kerala High Court on Thursday directed police not to arrest an additional district and sessions judge until further orders in connection with a fatal car crash allegedly involving his 17-year-old son.

Justice Kauser Edappagath issued the interim direction while hearing the judicial officer’s anticipatory bail petition. The court required him to appear before investigators and cooperate with questioning in accordance with the law and Supreme Court guidelines.

The case concerns the death of Jayabalakrishnan, 55, whose scooter was struck by a Mercedes-Benz on Container Road at Marapparambu in Cheranalloor early on Sunday. The car, allegedly driven by the minor, was registered in his father’s name.

Jayabalakrishnan, a South Chittoor resident who operated a roadside eatery, was returning home when the collision occurred.

Counsel says judge was unaware son had taken car

Seeking protection from arrest, the judge’s counsel submitted that his client was asleep when his son allegedly took the vehicle without his knowledge.

Counsel said the judge learnt of the accident only when his son telephoned him at 2.14 am. He also informed the court that police had questioned the judicial officer for four hours on Wednesday and issued another notice requiring his appearance on Thursday.

The Special Government Pleader said investigators had seized the car. Police had also searched the judge’s premises and taken possession of laptops, mobile phones and other items, the court was told.

The court observed that the applicant was a serving judicial officer in the District and Sessions Judge cadre and was unlikely to abscond or evade legal proceedings.

It directed him to appear before the investigating officer at 1 pm on Thursday and attend further questioning whenever required. He subsequently arrived at the Kochi City Police Club in compliance with the order.

The court also allowed the deceased’s family to join the proceedings through an impleading petition. The matter will next be heard on 5 November.

Family disappointed, promises legal action

Jayabalakrishnan’s daughter, Bhadrakeerthi, said the family respected the High Court’s decision despite being disappointed.

She told reporters that the family would consult its lawyer about the next steps and remain committed to pursuing the case through legal channels.

Police initially registered the case under Section 106(1) of the Bharatiya Nyaya Sanhita, concerning causing death by negligence, and released the minor on bail from the police station on Sunday evening.

That action prompted protests outside Cheranalloor police station. The victim’s children and activists demanded that the minor be taken into custody and produced before the Juvenile Justice Board.

Following intervention by senior officers and a preliminary investigation, police invoked Section 105 of the BNS, which deals with culpable homicide not amounting to murder.

The Juvenile Justice Board subsequently granted the minor bail. Police also named his father as an accused, prompting the judicial officer to seek anticipatory bail from the high court.

With PTI inputs