Kerala High Court Grants Interim Protection to Judge in Son's Fatal Crash Case
The Kerala High Court has provided interim protection from arrest to a judge whose son was involved in a fatal accident.
The judge's son allegedly drove a Mercedes-Benz that killed a two-wheeler rider in Kochi.
The court ordered the judge to cooperate with the investigation while granting him interim protection.
The victim's family has requested an inquiry into the judge's conduct following the incident.
In a significant legal development, the Kerala High Court has granted interim protection from arrest to an additional district judge whose son was allegedly responsible for a fatal accident in Kochi. The incident occurred on October 25 when the judge's 17-year-old son reportedly drove a Mercedes-Benz that collided with a two-wheeler, resulting in the death of the rider, Jayabalakrishnan. Justice Kauser Edappagath issued the order on Thursday in response to an anticipatory bail application filed by the judge, who is currently assigned to a Motor Accident Claims Tribunal in Irinjalakuda, Thrissur district.
The court's ruling stipulates that the police cannot arrest the judge until further notice. However, he is required to present himself before the investigating officer at 1 PM on the day of the ruling and as needed thereafter. The court emphasized that any interrogation must adhere to guidelines established by the Supreme Court. Senior advocate P Vijaya Bhanu, representing the judge, informed the court that his client had already cooperated with the police, having undergone a four-hour interrogation the previous day.
During the proceedings, the court raised questions regarding the necessity of further questioning, highlighting the judge's status as a judicial officer and his willingness to cooperate with the investigation. The court's remarks included skepticism about the need for prolonged interrogation and the rationale behind the potential arrest of the judge. In contrast, the legal representatives of the victim's family opposed the bail plea, accusing the judge of tampering with evidence after being notified of the accident.
Following the incident, the judge was named as an accused in the FIR filed after the crash. In his anticipatory bail plea, he contended that he was unaware that the vehicle had been taken from his premises and only learned of the accident after receiving a phone call while asleep. His defense also argued that the legal provisions regarding culpable homicide necessitate knowledge of the act's potential to cause death.
In light of the incident, the victim's family has approached the Chief Justice of the Kerala High Court, requesting an inquiry into the judge's actions. The High Court's Administrative Committee convened on October 27 to discuss the matter and has decided to await further information from the investigating agency before determining any actions against the judge.
