‘Why is his arrest required?’: Kerala HC stays arrest of judge whose son was involved in Kochi Mercedes crash

The minor driver was booked for charges including rash and negligent driving and culpable homicide not amounting to murder, but was later released on bail.

The Kerala high court on Thursday granted anticipatory bail for an Additional District Judge whose his son was recently involved in a car crash that killed a scooter rider.

Regarding the bail matter, Justice Kauser Edappagath ordered a stay of arrest and stated that the judge must still cooperate with the investigation.

"The police shall not arrest the applicant until further orders. However, he shall appear before the investigating officer today at 1:00 pm and if necessary as and when called for. The interrogation of the applicant shall be done in accordance with the guidelines laid down by the Supreme Court," the Court said, as per Bar and Bench.

Senior Counsel P Vijaya Bhanu, appearing for the accused judge, told the high court that the judge was interrogated for four hours at the police station regarding the Mercedes crash.

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"What was the need to interrogate him for 4 hours, and now for further interrogation? Why is his arrest required? He is a judicial officer. He will co-operate with the investigation," the Court said.

The counsel appearing for the victims of the crash opposed the decision and has accused the judge, who is also posted at a Motor Accident Claims Tribunal (MACT) at Iranjalakuda in Thrissur district, of tampering with evidence.

A 17-year-old boy, the son of the MACT judge in Thrissur, was driving a Mercedes-Benz when he hit a two-wheeler in Kochi earlier this week. The crash resulted in the death of the scooter rider.

The minor was booked for charges including rash and negligent driving and culpable homicide not amounting to murder, but was later released on bail.

An FIR was registered by Kochi police under Section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 181, 183, 199A(1), and 199A(2) of the Motor Vehicles Act, 1988 (MVA).

Under section 199A of the MVA< if a minor commits a motor vehicle offence, the guardian or vehicle owner is prosecuted and presumed to be responsible.

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