Kerala High Court Nod Sought to Arrest Judge in Kochi Case

Kochi police seek Kerala High Court permission to arrest a judge after his 17-year-old son allegedly killed a scooter rider in a Mercedes crash.

Published: 1 hour ago

By Ashish kumar

Kerala High Court Nod Sought to Arrest Judge in Kochi Case
Kerala High Court Nod Sought to Arrest Judge in Kochi Case

Police in Kochi have sought permission from the Kerala High Court to arrest an additional district judge booked in connection with a fatal Road Accident involving his 17-year-old son. The teenager allegedly drove a Mercedes-Benz at high speed and struck Jayabalakrishnan, a 55-year-old roadside eatery owner who was returning home on a scooter in the early hours of Sunday.

The case has drawn attention to the conduct of the judicial officer after the accident, the police response to the incident and allegations that the teenager initially received favourable treatment. Four police officials at Cheranalloor police station have been suspended over allegations that they attempted to shield the minor and misbehaved with the victim’s family.

The Kerala High Court has initiated suo motu proceedings into the matter and sought a report from the district sessions judge where the additional district judge is posted. The High Court is also considering the matter of disciplinary action against the judicial officer, although its registrar-general has said that no decision has been taken so far.

Police Seek High Court Permission to Arrest Judicial Officer

Kochi city police have approached the Kerala High Court for permission to arrest the additional district judge, who has been named as an accused in the case involving the fatal accident. According to police sources, the request follows the procedure applicable to the arrest of a judicial officer.

The judge presides over a Motor Accident Claims Tribunal in a district in Kerala and is the registered owner of the Mercedes-Benz allegedly driven by his minor son at the time of the collision.

Police sources said they were waiting for the High Court’s permission before proceeding with an arrest. The judicial officer has already been booked under Section 199A of the Motor Vehicles Act, which addresses the responsibility of a parent or guardian when a minor commits certain motor vehicle offences.

The judge has reportedly been staying away from duty since Monday. Police have also recorded his statement as part of the investigation.

The request for permission to arrest the judge is separate from the High Court’s consideration of possible disciplinary action. Registrar-General G. Gopakumar said no decision had been taken on disciplinary proceedings against the officer.

“No decision has been taken so far. Once the action is initiated, it will be publicised,” G. Gopakumar said.

The High Court’s response is being awaited as the police continue their investigation into the accident and the circumstances surrounding the teenager’s initial handling by the local police.

What Happened in the Kochi Fatal Accident?

The accident occurred in the early hours of Sunday within the limits of Kochi city police, under the jurisdiction of Cheranalloor police station. Jayabalakrishnan, 55, was returning home on his scooter when he was allegedly struck by a Mercedes-Benz driven by the 17-year-old.

Jayabalakrishnan ran a roadside eatery. His death prompted protests and demands for accountability from his family, who questioned the handling of the case by the local police.

The incident became more contentious after the additional district judge reportedly visited the police station following his son’s apprehension. A report submitted by the district judge to the Kerala High Court described the visit as illegal and a violation of the official code of conduct.

These allegations have added a separate dimension to the investigation. Alongside the circumstances of the fatal collision, authorities are examining the conduct of the judicial officer and the actions of police personnel who initially dealt with the minor.

The available account identifies the teenager as the alleged driver and his father as the owner of the vehicle. The investigation and legal proceedings will determine the applicable responsibilities and any liability arising from the incident.

Four Police Officials Suspended Over Alleged Mishandling

The Kerala Home Department has suspended four officials attached to Cheranalloor police station over allegations that they attempted to protect the judge’s son and behaved improperly towards the victim’s family.

The suspended officials include a station house officer, a sub-inspector, an assistant sub-inspector and a senior civil police officer.

According to the allegations, the police initially booked the minor under a bailable offence and allowed him to return home with his family. The officials were also accused of pressuring a relative of Jayabalakrishnan to delete photographs of the teenager from the relative’s phone.

The alleged conduct triggered criticism of the initial police response and intensified protests by the deceased man’s family. The suspensions followed allegations that the teenager had not been dealt with appropriately in the immediate aftermath of the accident.

Suspension is an administrative measure and does not, by itself, establish that the allegations against the officials have been proven. The circumstances surrounding the initial registration of the case and the alleged demand to delete photographs remain matters for the relevant authorities to examine.

The case against the minor was subsequently strengthened after protests, with non-bailable sections added, according to the report. The teenager was later granted bail by the Juvenile Justice Board.

Minor Driver Granted Bail by Juvenile Justice Board

The 17-year-old was initially allowed to go home with his family after being booked under a bailable offence. Following protests, police apprehended him again and added non-bailable provisions to the case.

The teenager subsequently secured bail from the Juvenile Justice Board. The decision became a point of concern for the victim’s family, which has been seeking justice and questioning the way the case was handled.

Additional Director General of Police P. Vijayan, who oversees law and order, visited the deceased man’s family on Tuesday. The family’s two daughters and son had been protesting against the police response and demanding action.

Vijayan said he had listened to the family and acknowledged that they had certain genuine demands. He also said police had taken steps to challenge the bail granted to the minor.

“I have heard the family members and they have certain genuine demands. Police have moved to quash the bail given to the minor by the judicial officer of the JJ board,” P. Vijayan told the media.

The police move to challenge the bail is distinct from the request for permission to arrest the judge. The two issues concern different aspects of the case: the teenager’s legal status following the accident and the investigation into the conduct of his father.

Kerala High Court Initiates Suo Motu Proceedings

The Kerala High Court has taken up the matter on its own initiative, known as suo motu proceedings. It has sought a report from the sessions judge of the district where the additional district judge is posted.

The report submitted to the High Court raised concerns about the judge’s visit to the police station after his son was apprehended. The visit was described as illegal and contrary to the official code of conduct.

The High Court is considering the matter, but its registrar-general has confirmed that no decision on disciplinary action had been made at the time of the report.

Judicial officers are subject to professional and institutional standards governing their conduct. In this case, the High Court’s review of the judge’s reported actions is proceeding alongside the police investigation into the fatal accident.

The police have said that they are awaiting the High Court’s permission to arrest the judicial officer. This indicates that the proposed arrest has not been confirmed as having taken place.

Section 199A of the Motor Vehicles Act and Parental Responsibility

The additional district judge has been booked under Section 199A of the Motor Vehicles Act. The provision concerns offences committed by juveniles using motor vehicles and establishes potential responsibility for the vehicle’s owner or the parent or guardian of the minor, subject to the law’s conditions and exceptions.

The provision is relevant because the alleged driver was 17 years old and the Mercedes-Benz involved in the accident belonged to his father.

The registration of a case under Section 199A does not, on its own, establish guilt. The circumstances of the alleged offence, the evidence gathered by investigators and the applicable legal requirements will determine how the provision applies.

The judge’s alleged involvement is therefore a separate legal issue from the investigation into the teenager’s driving and the fatal collision. Police are seeking High Court permission for the proposed arrest while the judicial institution considers the reported conduct of its officer.

Victim’s Family Continues to Demand Justice

Jayabalakrishnan’s family has continued to protest over the handling of the case. His two daughters and son have raised concerns about the initial police response and sought accountability following his death.

The suspension of four police officials, the addition of non-bailable provisions against the minor and the police request to challenge his bail are among the developments following the protests.

ADGP P. Vijayan’s visit to the family on Tuesday marked a direct response from senior police leadership. His statement that the family had certain genuine demands acknowledged their concerns, while the proposed legal challenge to the teenager’s bail signalled further action by the police.

The family’s demands have also brought scrutiny to the conduct of the judicial officer. The High Court’s suo motu proceedings and its request for a report from the district sessions judge have placed the issue before the judiciary as well as the police.

What Happens Next in the Case?

Several legal and administrative processes remain ongoing. Kochi city police are waiting for the Kerala High Court’s permission to arrest the additional district judge. The High Court has not announced a decision on disciplinary action, according to its registrar-general.

The police are also seeking to have the bail granted to the minor challenged or set aside. Meanwhile, the suspension of the four Cheranalloor police officials places their alleged conduct under separate scrutiny.

The main issues to be addressed include the circumstances of the fatal accident, the teenager’s alleged driving, the responsibility of the vehicle’s owner under the Motor Vehicles Act, and the allegations concerning the initial police response and the judge’s visit to the station.

The case has raised questions about accountability when a fatal accident involves the child of a serving judicial officer. Its outcome will depend on the evidence, the applicable legal provisions and decisions by the competent authorities. Until those processes conclude, allegations against the judge, the minor and the suspended police officials must be distinguished from findings formally established through legal proceedings.

FAQs

  • Why are Kochi police seeking permission to arrest a judge?
  • What happened in the Kochi fatal accident case?
  • Who was Jayabalakrishnan?
  • Why were four police officials suspended in the case?
  • Has the Kerala High Court approved the judge’s arrest?
  • What is Section 199A of the Motor Vehicles Act?
  • Has the 17-year-old accused received bail?
  • Why has the Kerala High Court initiated suo motu proceedings?

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