Kerala High Court grants anticipatory bail to MACT judge linked to fatal crash involving his son

The Kerala High Court granted anticipatory bail to Justice Kauser Edappagath, a judge of the Motor Accident Claims Tribunal, who had been charged after his 17-year-old son drove the judge's Mercedes-Benz and struck a scooter, killing the driver, 55-year-old Jayabalakrishnan.

The court noted that there was no indication the judge would not cooperate with the investigation and questioned the necessity of his arrest.

"You have searched his house seized everything. This is something affecting the liberty of a person, whether District Judge or anyone. You have no case that he has not cooperated," the bench observed.

"Why is this a special case? A 16-page objection? This is an unfortunate case no doubt… Let's assume that all your allegations are true at this stage and the offence is prima facie attracted, including Section 105 BNS…. Even then, why do you want to arrest him? Why do you want his custody?" Justice Edappagath asked the State's counsel.

The judge argued that he was unaware his son had taken the vehicle, was asleep at the time, and learned of the accident only after receiving a phone call. He also contended that Section 105 of the Bharatiya Nyaya Sanhita requires intent or knowledge of likely death, which he did not possess.

The FIR cites offences under Section 105 of the Bharatiya Nyaya Sanhita, read with Sections 181, 183, 199A(1) and 199A(2) of the Motor Vehicles Act, which hold vehicle owners or guardians liable for offences committed by minors.

The deceased’s family objected to bail, alleging the judge’s conduct at the accident scene warranted investigation, including claims that he arrived in another vehicle and stayed for about three hours, potentially affecting evidence.

After weighing the arguments, the court granted the anticipatory bail, stating that there was no justification for arrest and that the judge was expected to cooperate with the ongoing probe.