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Judge gets arrest protection after fatal Kochi Mercedes crash (Img: IANS)
Kochi: A judge whose 17-year-old son allegedly drove a Mercedes-Benz into a scooter, killing a street food vendor in Kochi, told the Kerala High Court on Thursday that he did not know his son had taken the car. He said he learnt about the fatal accident only after receiving a phone call.
The additional district judge approached the High Court seeking anticipatory bail in a case registered against him under the Motor Vehicles Act. The court granted him protection from arrest, noting that police had already questioned him for four hours.
Justice Kauser Edappagath, who heard the plea, said there was no need for custodial interrogation, given the judge’s assurance that he would cooperate with the investigation.
“There is no scope for custodial interrogation. Necessarily, he has to be granted protection. He is a judicial officer, and he will cooperate. For four hours, the police had interrogated him," the judge said.
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In his plea, the additional district judge maintained that he was asleep when his minor son took the vehicle from their residence. He said a phone call woke him and informed him about the crash.
He also told the court that a magistrate had issued a search warrant, following which police searched his house and seized electronic devices and a motorbike. The judge argued that the search had already addressed the question of whether he knew his son had taken the car.
The accident occurred in the early hours of October 25 in the Chittoor area of Kochi. The victim, Jayabalakrishnan, operated a street food cart in the neighbourhood.
Police detained the teenager at the scene. The Juvenile Justice Board subsequently granted him bail. He faces charges of culpable homicide not amounting to murder and rash and negligent driving.
A special court in Ernakulam is scheduled to hear a petition seeking cancellation of the teenager’s bail on Friday.
The judge has been booked under Section 199A of the Motor Vehicles Act, which allows action against a vehicle owner or guardian when a minor commits an offence while driving. The provision presumes that the minor drove with the owner’s or guardian’s consent, unless the contrary is established. The law provides for imprisonment of up to three years, a fine of Rs 25,000 and cancellation of the vehicle’s registration for 12 months.
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The Kerala government has acknowledged lapses in the investigation. Four personnel posted at Cheranalloor police station have been suspended.
On Wednesday, Kochi city police commissioner Kaliraj Mahesh Kumar was removed from his position. R Nishanthini, a 2008-batch Indian Police Service officer, has been appointed as his replacement.
