Kerala High Court bars judge's arrest in fatal crash involving minor son

The Kerala High Court on Thursday directed police not to arrest an Additional District and Sessions Judge in a case linked to a fatal road accident involving his 17-year-old son, news agency Press Trust of India reported.

The judge's car allegedly hit a scooter in Kochi, killing 55-year-old Jayabalakrishnan. The deceased's family said it was disappointed with the court's order but respected the decision.

Justice Kauser Edappagath issued the direction after hearing the state and the judge's counsel on his anticipatory bail plea. The court also directed the judge to cooperate with the investigation.

The deceased's family has filed a petition seeking to be included in the proceedings. The court will consider it later. The judge had approached the High Court for anticipatory bail after police named him as an accused in the case.

The accident took place in the early hours of Sunday on Container Road at Marapparambu in Cheranalloor. Jayabalakrishnan, a resident of South Chittoor who ran a roadside eatery, was returning home on his scooter when he was hit by an allegedly speeding Mercedes-Benz, according to police. The car was registered in the judge's name.

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

The decision led to protests outside Cheranalloor police station. The deceased's son and daughter, along with activists, demanded that the accused be arrested and produced before the Juvenile Justice Board.

Senior police officers later intervened. After 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 bail to the minor, while police named his father as an accused.

The judge was questioned on Wednesday and was scheduled to be questioned again on Thursday afternoon, police told PTI.

Jayabalakrishnan's daughter, Bhadrakeerthi, told reporters that the family would continue its legal fight. "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 other side of the case, Bhadrakeerthi said the family would consult its lawyer on how to proceed. The High Court has barred the judge's arrest for now and directed him to cooperate with the investigation, while the family's petition remains pending.- Ends