Kochi Mercedes accident: High Court stays arrest of judge

The Kerala High Court has stayed the arrest of an Additional District and Sessions Judge in connection with a case where a minor boy caused the death of a 55-year-old man in a Mercedes car accident in Kochi. The High Court has granted anticipatory bail to the judge in the case registered under Section 199A of the Motor Vehicles Act. In this accident, the judge's 17-year-old son was driving the Mercedes car, which hit a scooter rider with great force.

According to a report by Huston Times, a single-judge bench of Justice Kauser Edappagath delivered this decision. The court observed that investigators had already interrogated the judge for four hours and that he would cooperate with the investigation. The court stated that there was no scope for custodial interrogation and that, as a judge, he deserved protection. The counsel for the victim's side opposed this decision, alleging that the judge, who is posted at the Motor Accident Claims Tribunal (MACT) in Irinjalakuda, could tamper with evidence.

This tragic incident occurred early on the morning of 25 October. According to a report by TV9 Gujarati, the accident took place near the Cheranalloor area. The Mercedes car, which was registered in the name of the Additional District Judge, was traveling at a speed of 104 km/h. This speeding car hit the scooter of a 55-year-old man named Jayabalakrishnan from behind, causing his death on the spot. According to a report by Dainik Bhaskar, it is also mentioned that the speed of the car at the time of the accident was 200 km/h.

The deceased, Jayabalakrishnan, was a mechanical engineer who ran a vegetarian food stall in the Chittur area of Kochi as a hobby. According to Dainik Bhaskar, he had been running this stall for the last 30 years along with his wife, Manju. They used to open the shop at 4 pm every day. At the time of the accident, he was returning home after closing his stall near the Chittur temple. Usually, he and his wife would cover the 20-kilometer distance to the shop on a scooter, but at the time of the accident, his wife was on a week's leave due to treatment for varicose veins, and Jayabalakrishnan was returning home alone.

Following the accident, there was massive protest against the police's handling of the case. According to a report by TV9 Gujarati, the police initially registered a light case against the minor accused only for rash driving and causing death (Section 106). Because of this, he immediately received bail under the Juvenile Justice Act. However, after strong protests and demonstrations by the victim's family, the police changed the sections to include charges of culpable homicide and took him back into custody. According to Dainik Bhaskar, the Juvenile Justice Board granted him bail again, which angered the family.

On Monday, the daughter of the deceased, Jayabalakrishnan, told the media that the police had been lenient with the accused because he was a judge's son. She said that they had no faith in the local police and that the police had tried to shield the accused. She vowed that she would fight until her last breath to get justice for her father. A relative of the deceased, Jayalakshmi Thankaraj, stated that the accident was so horrific that the body was torn into pieces. She has demanded that the government seize the passport and other documents of the accused, as the accused comes from an influential family and could flee the country.

There have also been major changes in the Kerala government and police administration regarding this matter. According to a report by Huston Times, the state government has admitted lapses in the police investigation and has suspended four police personnel associated with the Cheranalloor police station. Furthermore, Kochi City Police Commissioner Kaliraj Mahesh Kumar has been transferred and replaced by 2008-batch IPS officer R. Nishanthini. Kerala Home Minister Ramesh Chennithala admitted in the Legislative Assembly that there was a mistake in the initial police action. He stated that proper sections were added after the intervention of the DGP and ADGP, and he has directed the police to get the minor's bail cancelled.

In this case registered under Section 199A of the Motor Vehicles Act, if a minor drives a vehicle, the law presumes the consent of the vehicle owner or guardian. Under this section, there is a provision for imprisonment of up to three years, a fine of ₹ 25,000, and cancellation of the vehicle registration for 12 months. The minor accused told the police that he had driven the car for the first time and had learned driving from YouTube. The front part of the Mercedes car was completely damaged in the accident, and the scooter was also broken into pieces. The application for cancellation of the minor's bail will be heard in the Ernakulam Special Court on Friday.