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In his anticipatory bail plea, the judge maintained that he did not know the car was being taken from his residence, Bar and Bench reported.
Both vehicles were travelling from Vallarpadam towards Kalamassery when the collision occurred. (X/@sirajnoorani)
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 was unaware his son had taken the car. He said he learnt about the fatal crash only after receiving a phone call.
The additional district judge had moved the High Court seeking anticipatory bail in a case registered against him under the Motor Vehicles Act. The court granted him protection from arrest.
Justice Kauser Edappagath, who heard the application, observed that the police had already questioned the judge for four hours and noted his 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.
What The Kochi Judge Told The High Court
In his anticipatory bail plea, the judge maintained that he did not know the car was being taken from his residence, Bar and Bench reported. According to his submission, he was asleep when his minor son took the vehicle and learnt of the incident only after a phone call woke him up and informed him about the accident.
The judge also pointed out that the jurisdictional magistrate had issued a search warrant, following which police searched his residence, LiveLaw reported.
At A Glance
An additional district judge told the Kerala High Court that he was unaware his 17-year-old son had taken his Mercedes-Benz before it was involved in a fatal crash.
The fatal accident occurred in the early hours of October 25 in Kochi’s Chittoor area, killing a street food vendor named Jayabalakrishnan.
The Kerala High Court granted the judge protection from arrest after noting that police had already interrogated him for four hours.
Four police personnel were suspended and Kochi city police commissioner Kaliraj Mahesh Kumar was removed due to lapses in the investigation.
During the search, officers seized electronic devices and a motorbike from the house, according to the plea. The judge argued that no further investigation was necessary, as the search warrant had specifically sought to establish whether he knew that his son had taken the car.
What Is The Case?
The fatal accident took place in the early hours of October 25 in Kochi’s Chittoor area. The victim, Jayabalakrishnan, ran a street food cart in the neighbourhood.
Police detained the teenager at the accident site, following which the Juvenile Justice Board 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 additional district judge was also named in a case registered under Section 199A of the Motor Vehicles Act. The provision allows legal action against a vehicle owner or guardian when a minor commits an offence using a motor vehicle. It presumes that the minor drove the vehicle with the consent of the owner or guardian.
The law provides for imprisonment of up to three years, a fine of ₹25,000 and cancellation of the vehicle’s registration for 12 months.
Police Face Action Over Investigation Lapses
The Kerala government has acknowledged lapses in the police investigation into the fatal crash. Four personnel posted at Cheranalloor police station have been suspended.
On Wednesday, the government also removed Kochi city police commissioner Kaliraj Mahesh Kumar from his position. R Nishanthini, a 2008-batch Indian Police Service (IPS) officer, has been appointed as his replacement.
Quick Answers
Ask News18The additional district judge stated that he was asleep and completely unaware when his 17-year-old son took the Mercedes-Benz from their residence, learning of the fatal accident only after receiving a phone call.
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Aanchal is the Sub-Editor at News18.com, with more than four years of experience in national and international news. My work involves covering breaking news, politics, current affairs and developments…Read More
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