The proceedings originate from an early morning October 25 incident near Cheranelloor, where a 54-year-old scooter rider died after a collision with a Mercedes-Benz. Police initiated a probe under Bharatiya Nyaya Sanhita Section 106 for causing death by negligence. Justice Kauser Edappagath granted anticipatory bail to the judicial officer, questioning why the prosecution submitted a 16-page objection to single out this matter.
Key points
The Kerala High Court granted anticipatory bail to the additional sessions judge due to h…: The Kerala High Court granted anticipatory bail to the additional sessions judge due to his continued cooperation.
Justice Kauser Edappagath openly questioned why the state filed an extensive 16-page obje…: Justice Kauser Edappagath openly questioned why the state filed an extensive 16-page objection to treat this case differently.
The court emphasized that arresting individuals infringes on personal liberty when invest…: The court emphasized that arresting individuals infringes on personal liberty when investigative custody is entirely unwarranted.
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KOCHI: The Kerala high court on Thursday granted anticipatory bail to an additional sessions judge whose minor son was allegedly involved in a car crash that killed a scooterist on October 25.
Justice Kauser Edappagath granted the relief after observing that there was nothing to suggest that the judicial officer would not cooperate with the ongoing investigation.
The court questioned the need to arrest the judge, noting that his house had already been searched and items seized by investigators.
"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 court observed, as quoted by website Bar and Bench.
It also questioned the state's insistence on custodial interrogation, even while considering the allegations against the judge to be true at this stage.
"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.
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