The Kerala High Court has barred police from arresting an Additional District and Sessions Judge in a fatal Kochi road accident case involving his 17-year-old son, while directing him to cooperate with the investigation. The death of 55-year-old Jayabalakrishnan has triggered protests and raised questions about accountability, as the victim’s family, though disappointed with the court’s order, has vowed to continue its legal fight for justice.
The Kerala High Court’s decision to restrain police from arresting an Additional District and Sessions Judge in a fatal road accident case has brought renewed attention to the delicate balance between judicial safeguards, police investigations and the public’s expectation of equal treatment under the law. While the court has granted the judge temporary protection from arrest, it has also directed him to cooperate with the investigation. The family of the deceased, 55-year-old Jayabalakrishnan, has expressed disappointment but vowed to pursue its legal battle, keeping the focus firmly on the search for accountability.
Justice Kauser Edappagath issued the direction on Thursday after hearing submissions from the state government and the judge’s counsel on his anticipatory bail plea. The case concerns an accident in Kochi involving a Mercedes-Benz allegedly driven at high speed, which struck a scooter ridden by Jayabalakrishnan. The deceased, who ran a roadside eatery and lived in South Chittoor, was reportedly returning home when the collision occurred. The car was registered in the judge’s name, and police subsequently named him as an accused in the case.
The accident took place in the early hours of Sunday (Oct 25) on Container Road at Marapparambu in Cheranalloor. According to the police account, the judge’s 17-year-old son was allegedly involved in the incident. The circumstances surrounding the vehicle’s use, the collision and the respective roles of those concerned are matters for the ongoing investigation to establish.
Initially, police registered a case under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS), which deals with causing death by negligence. The minor was released on bail from the police station on Sunday evening. The decision triggered protests outside Cheranalloor police station, where Jayabalakrishnan’s son and daughter, accompanied by activists, demanded the arrest of the accused and his production before the Juvenile Justice Board.
The protests and subsequent scrutiny were followed by intervention from senior police officers. After a preliminary investigation, police invoked Section 105 of the BNS, concerning culpable homicide not amounting to murder. The Juvenile Justice Board later granted bail to the minor, while the police named his father as an accused in the case.
The change in the legal provisions is significant because it reflects a development in the police assessment of the circumstances surrounding the death. However, the invocation of a particular statutory provision does not itself establish guilt. The evidence gathered during the investigation, including the circumstances of the collision and the responsibility of the individuals involved, will be central to determining how the case proceeds.
The judge approached the High Court for anticipatory bail after being named as an accused. Police told the Press Trust of India that he was questioned on Wednesday and was scheduled to be questioned again on Thursday afternoon. The High Court’s direction against arrest is an interim measure in the proceedings and does not amount to a final determination of the allegations. Its accompanying instruction that the judge cooperate with the investigation remains an important part of the order.
Meanwhile, the deceased’s family has made it clear that it does not intend to abandon its legal efforts. Jayabalakrishnan’s daughter, Bhadrakeerthi, told reporters that the family was disappointed by the court’s decision but respected the judicial process.
She said the family would consult its lawyer before deciding on its next course of action and would continue to pursue the matter through legal channels. Emphasising the family’s resolve, she stated that it would not retreat from its fight for justice.
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