Keralam Benz Car Accident: HC Directs Police Not to Arrest Judge, Deceased’s Family Disappointed

Reacting to the order, the family of the deceased told reporters that they are disappointed with the High Court's decision but respected it.

Justice Kauser Edappagath passed the order after hearing the state and the counsel for the judge on his anticipatory bail petition.

The deceased's family has filed an impleading petition, which the court allowed.

The judge approached the High Court seeking anticipatory bail after the police named him as an accused in the case.

The case pertains to an accident in the early hours of Sunday when Jayabalakrishnan (55), a resident of South Chittoor in Cheranalloor, was hit by a speeding Mercedes-Benz on Container Road at Marapparambu.

The car was registered in the judge's name.

When the petition came before the court, the judge's counsel submitted that he had no knowledge that his son had taken the vehicle from their residence.

He learned of the accident only after receiving a phone call from his son at 2.14 am, informing him that the vehicle had been involved in an accident.

The judge was asleep when his son allegedly took the car without his knowledge, counsel submitted.

The counsel also submitted that the police had questioned the judge for four hours on Wednesday and that the investigation team had directed him to appear again on Thursday.

The Special Government Pleader informed the court that the police had seized the vehicle involved in the accident.

A search had also been conducted at the judge's premises, during which laptops, mobile phones and other items were seized, the court was told.

The court observed that the applicant was a serving judicial officer in the cadre of District and Sessions Judge in Keralam and that there was no likelihood of him absconding or evading the legal process.

"Considering the facts and circumstances of the case and the reasons stated above, respondent No. 2 or any other police officer connected with the investigation shall not arrest the applicant until further orders," the court ordered.

It directed the judge to appear before the investigating officer at 1 pm on Thursday, as required by the notice issued by the investigation team.

"The applicant shall cooperate with the interrogation. Needless to say, the interrogation of the applicant shall be strictly in accordance with law and the guidelines issued by the Supreme Court of India. The applicant shall also appear before the investigating officer for the purpose of investigation, if necessary, as and when required, and cooperate with the investigation," the court said.

The case has been posted to November 5.

Meanwhile, Jayabalakrishnan's daughter, Bhadrakeerthi, told reporters that the family was disappointed with the High Court's decision but respected it.

"We are definitely disappointed, but we respect the High Court's decision. We will discuss with our lawyer and decide on the next course of action. We intend to pursue the matter legally and will not take even a single step backwards. We will continue to fight," she said.

Referring to the fact that a judge was on the opposite side in the case, she said the family would consult its lawyer on how to proceed further.

In compliance with the court's direction, the judge arrived at the Kochi City Police Club at 1 pm on Thursday for questioning.

Jayabalakrishnan, who ran a roadside eatery, was returning home on his scooter when the accident occurred.

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

The move triggered protests outside the Cheranalloor police station, with the deceased's son and daughter, accompanied by activists, demanding the arrest of the accused and his production before the Juvenile Justice Board.

Senior police officers subsequently intervened.

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

Although the Juvenile Justice Board subsequently granted bail to the minor, the police named his father as an accused in the case.