‘Do you want him jailed?’ Kerala HC gives anticipatory bail to judge in Mercedes case

The Kerala High Court on Thursday, November 5, granted anticipatory bail to the District Judge booked in connection with the fatal accident in Kochi involving a Mercedes-Benz car allegedly driven by his 17-year-old son. The accident, which occurred in the early hours of October 25, claimed the life of 55-year-old Jayabalakrishnan, a scooterist.

Justice Dr Kauser Edappagath granted relief to the judge, who is the second accused in the case. The detailed order, including the conditions imposed, is awaited.

The court took note of the judge's cooperation with the investigation and questioned the prosecution about the need for his custodial interrogation. The court pointed out that the accused had already been questioned for around six hours and asked the Additional Director of Prosecution whether there had been any instance of non-cooperation.

"He has been cooperating all along. He will cooperate whenever you want. He is under the supervision of the High Court. He says he did not know that the car was taken. What do you want? You want to interrogate him? You want him in jail? As a responsible officer of this court, do you think that a district judge will not cooperate?” the court asked the Additional Director of Prosecution, according to LiveLaw.

The court also indicated that it would not hesitate to cancel the bail if the investigating agency found that the accused judge was not cooperating with the probe.

Senior Advocate P Vijayabhanu, appearing for the accused, argued that his minor son had taken the car without his knowledge. The judge had earlier told the High Court that he was asleep when his son took the vehicle and that he came to know about the accident only after receiving a telephone call from him at 2.14 am.

The judge had approached the High Court seeking anticipatory bail after being named as the second accused in the case. On October 29, the court had granted him interim protection from arrest and directed him to cooperate with the investigation.

The police initially registered the case against the judge's 17-year-old son, who was allegedly driving the Mercedes-Benz when it hit Jayabalakrishnan's scooter in Cheranalloor around 2.30 am on October 25. The judge was subsequently arrayed as the second accused as the vehicle was registered in his name.

The accused judge has been booked under Section 105 of the Bharatiya Nyaya Sanhita (BNS), which deals with culpable homicide not amounting to murder, read with Sections 181 and 183 of the Motor Vehicles Act, relating to driving without a valid licence and driving at excessive speed, and Section 199A, which deals with offences involving juveniles.

The victim was returning home after closing his street food stall when the speeding car allegedly rammed into his scooter from behind. His family had raised allegations of preferential treatment and undue influence.

A Special Investigation Team was constituted to probe allegations raised by the victim's family.