HC stays arrest of additional district judge in Cheranalloor accident case

KOCHI: The Kerala High Court stayed the arrest of additional district judge in the incident where a wayside eater owner Jayabalakrishnan, was killed after being hit by a Benz car driven by the judge’s 17-year-old son in Cheranalloor. A bench headed by Justice Kauser Edappagath clarified that there is no need for an arrest if the judge is cooperating with the investigation.

Stating that it cannot succumb to public perception, the court directed the investigation team not to arrest the judge until further orders are issued in the case. The court also observed that since the petitioner is a judicial officer, he is unlikely to abscond from the investigation.

The police have already taken the vehicle involved in the accident into custody. Under Sector 199 of the Motor Vehicles Act, if a minor drives the vehicle, the responsibility will be with the vehicle owner or the guardian. This is an offense punishable by up to three years of imprisonment. The court asked why an arrest is being made in such a situation.

Justice Kauser Edappagath clarified that the court cannot succumb to public sentiment in the case and can only proceed in accordance with the law. The court rejected the prosecution's argument that the judge arrived at the spot within 30 minutes of the accident and tried to destroy evidence. The court ordered the judge to appear before the investigation team.