Kerala High Court grants protection from arrest to MACT judge linked to fatal crash

The Kerala High Court has ordered that a judge serving at the Motor Accidents Claims Tribunal in Iranjalakuda be protected from arrest while the police investigation continues. The judge was named as an accused in a FIR after his 17-year-old son drove a Mercedes-Benz that struck a two-wheeler in Kochi’s Cheranalloor on Oct. 25, killing the rider, Jayabalakrishnan.

Senior Counsel P Vijaya Bhanu, representing the judge, said his client was questioned by police for more than four hours and that another notice to appear had been issued. The bench questioned the need for custodial interrogation of a judicial officer, noting that the judge would cooperate with the probe.

"What was the need to interrogate him for 4 hours and now for further interrogation? Why is his arrest required? He is a judicial officer. He will co-operate with the investigation," the court remarked.

The court granted anticipatory bail protection, directing the prosecutor to submit the state’s response to the plea. The FIR cites offences under Section 105 of the Bharatiya Nyaya Sanhita, 2023, read with several provisions of the Motor Vehicles Act, 1988, including Section 199A, which presumes the guardian or vehicle owner responsible when a minor commits a motor-vehicle offence.

In his bail application, the judge asserted that he was unaware the car had been taken from his residence and learned of the accident only after a phone call woke him. He argued that Section 105 requires a specific intent to cause death, which he did not possess.

The son was granted bail by the Juvenile Justice Board in Ernakulam on Oct. 26, and the state’s request to cancel that bail is pending before a sessions court. The victim’s family has filed a complaint with the Kerala High Court Chief Justice seeking an inquiry into the judge’s conduct. An administrative committee of the High Court held a preliminary meeting on Oct. 27 to review the material, deciding to await further investigation before taking any action against the judge.