The Kerala High Court granted anticipatory bail to an Additional District and Sessions Judge after his 17-year-old son allegedly drove a luxury Mercedes-Benz into a scooterist, killing him on the spot in Kochi’s Cheranalloor area. Police booked the Irinjalakuda-based judicial officer under Section 199A of the Motor Vehicles Act, which establishes vicarious liability for vehicle owners and guardians when a minor commits a road offence.
Judge denies prior knowledge of son’s midnight outing
The fatal crash occurred during the early morning hours on Container Road at Marapparambu, taking the life of 55-year-old South Chittoor resident Jayabalakrishnan.
Timeline of events: The judge stated in his petition that he went to sleep at 1:28 AM after preparing work for the judicial academy. He claimed his minor son took the keys and slipped out via a rear staircase without permission.
First notification: The petitioner stated he only learned of the tragedy through a phone call at 2:14 AM.
Legal defence: His counsel argued that a guardian cannot face vicarious criminal liability without evidence of direct abetment or common intent.
High court questions police interrogation tactics
Granting pre-arrest protection, the High Court questioned the Crime Branch’s insistence on further custodial questioning, noting that officers had already interrogated the judicial officer for four hours following a search of his residence.
“Why is his arrest required? He is a judicial officer. He will cooperate with the investigation,” the court observed, pointing out that police had already seized electronic devices, a motorcycle, and the Mercedes involved in the crash.
Outrage and escalating legal charges
The incident sparked severe local protests after police initially registered a case under Section 106(1) of the Bharatiya Nyaya Sanhita (causing death by negligence) and released the teenager on station bail.
Following public demonstrations outside the Cheranalloor police station, investigators re-arrested the minor under Section 105 of the BNS (culpable homicide not amounting to murder). While the Juvenile Justice Board subsequently granted him bail, police have initiated formal steps to seek its cancellation, while the victim’s family prepares a petition seeking the judge’s removal from office.
