The Additional District Judge whose his son was recently involved in a car crash that killed a scooter rider, has moved the Kerala High Court seeking anticipatory bail.

The petition is listed for hearing today before Justice Kauser Edappagath.

The accused-judge's 17-year-old son was driving a Mercedes-Benz car when he hit a two-wheeler in Kochi's Cheranalloor on October 25, killing the scooter rider, one Jayabalakrishnan.

The judge who is posted at a Motor Accident Claims Tribunal (MACT) at Iranjalakuda in Thrissur district, has been arraigned as an accused in the FIR registered by the Police after the crash.

The FIR includes offences punishable under Section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita, 2023 (BNS) read with Sections 181, 183, 199A(1), and 199A(2) of the Motor Vehicles Act, 1988 (MVA).

Section 199A provides that when a minor commits a motor vehicle offence, the guardian or vehicle owner is presumed to be responsible and can be prosecuted and punished, subject to statutory exceptions.

In his plea before the Kerala High Court seeking anticipatory bail, the judge has claimed that he had no knowledge whatsoever that the vehicle had been removed from the premises. He learnt of it only when he was awakened by a telephone call informing him that his minor son had taken the vehicle out when he was asleep and gotten into the accident.

He has also pointed out that Section 105 BNS requires explicit mens rea—specifically, the knowledge that the act is likely to cause death.

"Attributing knowledge under Section 105 BNS vicariously to a parent who was sleeping at home when a minor took a vehicle surreptitiously is legally untenable and fundamentally opposed to settled principles of criminal law", the plea reads.

The accused-judge will be represented by advocate John S Ralph.

Earlier, the Juvenile Justice Board in Ernakulam had granted bail to the minor on October 26. The State's plea seeking cancellation of the bail is pending before a sessions court.

Meanwhile, the family of the man who died in the crash submitted a complaint before the Kerala High Court Chief Justice seeking an enquiry into the judicial officer's conduct.

The complaint submitted by the victim's children requested the Chief Justice to examine whether an administrative or disciplinary enquiry is warranted against the judicial officer.

Sources told Bar & Bench that the High Court's Administrative Committee held a preliminary meeting on October 27 to examine the material concerning the accident.

Since the police investigation is still underway, the committee decided not to take any action against the judicial officer at present and await further material from the investigation agency.

Editor’s note: Bar & Bench has chosen not to disclose the accused-judge’s name as the Juvenile Justice Act prohibits disclosure of any details that may lead to the identification of a child in conflict with law.