During the hearing of the judge's anticipatory bail plea, the High Court questioned the necessity of his arrest, noting that he is a judicial officer who has already cooperated with the investigation and appeared for questioning.
The court directed the judge to fully cooperate with the ongoing investigation and appear before the investigating officer whenever required. Emphasising that judicial decisions cannot be influenced by public perception or pressure, the court said detailed arguments on the anticipatory bail application would continue at a later stage.
The court observed, "Since the applicant is a judicial officer working in the cadre of District Judge in the State of Kerala, there is no question of his absconding or evading the process of law. The second respondent (SHO of Cheranalloor Police Station) or any other police officer involved in the investigation of this case shall not arrest the applicant until further orders."
The High Court also allowed an impleadment application filed by the family members of the victim, Jayabalakrishnan. The hearing was adjourned, giving the government counsel time to obtain instructions.
Police Register Case Under Multiple Sections
The Cheranalloor police have registered a case against the judge under Section 105 of the Bharatiya Nyaya Sanhita, 2023, which deals with punishment for culpable homicide not amounting to murder.
The case also includes Sections 181 (driving a vehicle in contravention of Section 3 or Section 4), 183 (driving at excessive speed, among other provisions) and 199A (offences committed by juveniles) of the Motor Vehicles Act.
According to the FIR registered by the Cheranalloor police, a car hit the scooter of 55-year-old Jayabalakrishnan, who sold food by the roadside, at around 2 am on Sunday, October 25. The victim was reportedly returning home when the accident occurred.
The car was allegedly being driven by the judge's 17-year-old son at the time of the collision.
Juvenile Justice Board Grants Bail to Minor
The Juvenile Justice Board in Ernakulam recently granted bail to the minor involved in the accident.
The state government has approached the Sessions Court seeking cancellation of the bail granted to the juvenile. On Wednesday, Jayabalakrishnan's wife filed an application seeking to implead herself as a party to the state's petition.
The High Court's decision to stay the judge's arrest comes amid ongoing legal proceedings concerning the fatal accident, the investigation into the circumstances of the collision and the separate proceedings challenging the minor's bail.
The case continues to involve multiple legal proceedings, with the High Court set to resume detailed arguments on the judge's anticipatory bail plea.
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