Keralam Mercedes crash: HC grants anticipatory bail to judge as police find crucial evidence
Police find digital evidence, CCTV footage during Wednesday raid at judge’s house, which may help establish if minor son drove vehicles on previous occasions and if father was aware of it
The Kerala High Court on Thursday (October 29) granted anticipatory bail to Additional District judge, Rino Francis, father of the 17-year-old who allegedly drove a Mercedes-Benz that killed a 55-year-old man in Cheranalloor, granting his relief from arrest, even as the Crime Branch intensified its investigation in the case.
The court’s relief came soon after the judge, the owner of the Mercedes-Benz involved in the fatal accident, made a plea for anticipatory bail on Thursday.
While considering his bail application, the court temporarily restrained his arrest and asked police if his arrest was necessary when he was cooperating with the investigation. The court pointed out that the judge was a judicial officer and directed him to appear for questioning as part of the investigation.
Police during late-night searches on Wednesday have found CCTV footage and evidence which may be crucial in establishing whether the minor had been driving frequently and whether his father knew about it.
Judge quizzed, says son took car without permission
The judge, who is the registered owner of the car, was questioned by the Crime Branch for nearly three hours at the Ernakulam Police Club on Wednesday (October 28). He has been directed to appear for further questioning on Thursday (October 29). Investigators have also sought the high court’s permission to arrest him, according to reports.
Also read: Keralam Mercedes crash: 4 cops suspended, Kerala HC report seeks judge’s suspension
The judge has consistently maintained that his son took the car without his knowledge. During questioning, he reportedly told investigators that he had gone to bed early on the night of the accident because he was tired and had informed family members through a WhatsApp group that he should not be disturbed. He also claimed he did not know that his son could drive or had been taking vehicles out at night.
The Crime Branch is examining these claims against evidence collected from the family’s apartment complex in Aluva, including CCTV footage and digital devices.
Police seize crucial CCTV footage
The investigation team conducted an extensive search at the judge’s residence at Companypady in Aluva, which continued late into the night and ended in the early hours of Wednesday. A luxury motorcycle suspected to have been used by the teenager was seized, along with digital evidence and CCTV footage.
Investigators subsequently returned to the apartment complex to collect additional footage, including recordings that could establish whether the teenager had taken vehicles out on previous occasions.
Also read: Fatal crash involving Keralam judge’s son puts police, judiciary under scrutiny
The police have also examined videos reportedly showing the teenager driving at high speeds before the fatal accident. A video recovered from his phone allegedly shows the Mercedes-Benz travelling at more than 100 kmph shortly before the collision. The teenager reportedly told investigators that he learnt to drive by watching YouTube videos.
The findings could be crucial in determining whether the teenager had been driving vehicles regularly and whether his father knew about it. The judge has denied prior knowledge of his son’s driving.
HC recommends disciplinary action against judge
The Motor Vehicles Department has initiated proceedings to suspend the registration of the Mercedes-Benz. The law also provides for restrictions on a juvenile obtaining a driving licence until the age of 25 in specified circumstances.
The latest developments come after the Kerala High Court’s administrative committee examined a report recommending disciplinary action against the judge. Justice PV Kunhikrishnan, the portfolio judge for Thrissur district, had recommended his immediate suspension, citing his visit to the police station in connection with the case involving his son.
The report flagged the visit as a lapse because the judge had not sought prior permission from the Principal Sessions Judge and was not visiting the station for official purposes. His conduct was also said to have brought disrepute to the judiciary.
However, the administrative committee has decided not to take immediate action against the judge while the investigation continues. It has permitted the police to proceed with the investigation, including questioning him. If his arrest becomes necessary, the police must follow the Supreme Court’s prescribed guidelines governing the arrest of judicial officers.
FIR, suspensions, transfer
The judge has been booked under provisions of the Motor Vehicles Act relating to offences involving juveniles and the liability of vehicle owners or guardians.
Also read: Keralam Mercedes crash: Judge’s minor son taken into custody after protests
The case has already triggered significant action within the police establishment. Four officers attached to the Cheranalloor police station, including the Circle Inspector and Station House Officer, have been suspended over alleged lapses in handling the accident.
Kochi City Police Commissioner S Kaliraj Mahesh Kumar has also been transferred following allegations of serious shortcomings in the police response. R Nishanthini has been appointed as his successor.
Teen denied bail
The initial decision to release the teenager on station bail had provoked public outrage. Police subsequently added Section 105 of the Bharatiya Nyaya Sanhita, relating to culpable homicide not amounting to murder, and approached the court seeking cancellation of the bail. A sessions court has denied bail to the teenager and an acquaintance in related proceedings.
The accident occurred in the early hours of October 25 on Container Road at Cheranalloor. Jayabalakrishnan, a roadside eatery owner from Manjali, was returning home on his scooter after closing his shop when the Mercedes-Benz allegedly rammed into him from behind. He died in the collision.
The victim’s family has approached the high court seeking action against the judge and demanding accountability. Their concerns extend beyond the circumstances of the accident to the judge’s reported conduct towards them and his presence at the police station following the incident.