Synopsis: The Kerala High Court has directed the police not to arrest Additional Sessions Judge Rino Francis, whose 17-year-old son is accused of fatally hitting roadside eatery owner Jayabalakrishnan’s scooter with his father’s Mercedes-Benz in Cheranalloor. The court said custodial interrogation did not appear necessary at this stage, while the Crime Branch continued questioning Francis, who has been charged under Section 199A of the Motor Vehicles Act.
The Kerala High Court has directed the police not to arrest Additional Sessions Judge Rino Francis, the father of the accused and the registered owner of the Mercedes-Benz involved in the fatal Cheranalloor crash.
The crash killed Jayabalakrishnan, a resident of Manjali who ran a roadside eatery, while he was returning home after work. The judge’s 17-year-old son is accused of ramming Jayabalakrishnan’s scooter with the luxury sedan while driving at high speed.
Justice Kauser Edappagath issued the interim direction on Thursday, 29 October, while hearing the judge’s anticipatory bail plea. The court further directed him to appear before the investigating officer at 1 pm the same day.
During the hearing, the court observed that the judge had already been questioned by the police and that custodial interrogation did not appear necessary at this stage.
It also noted that the judge was willing to cooperate with the investigation.
“He is a sitting judicial officer and will cooperate with the investigation. Why is his arrest necessary when he has already been interrogated?” the court observed.
The Kochi City police named the judge as an accused in the case on 26 October. He is currently posted at a Motor Accident Claims Tribunal (MACT) in Irinjalakuda, Thrissur district, and is the registered owner of the Mercedes-Benz involved in the crash.
The case against him has been registered under Section 199A of the Motor Vehicles Act. The provision holds a vehicle owner or the guardian of a juvenile liable in specified circumstances when a minor commits a motor vehicle offence.
The Crime Branch team investigating the crash was scheduled to question the judge for a second consecutive day on Thursday, 29 October. He was directed to appear at around 11 am. The judge was questioned for about three hours on Wednesday.
On Wednesday, Jayabalakrishnan’s children met Registrar General G Gopakumar at the High Court and submitted a complaint seeking legal action against the judge.
Justice PV Kunhikrishnan, the portfolio judge, has also written to the Chief Justice seeking the judge’s suspension. He said the judge’s conduct had brought disrepute to the judiciary.
A five-member Administrative Committee headed by Chief Justice Soumen Sen has decided to consider suspending the judicial officer after receiving the police investigation report. The committee is awaiting the report amid uncertainty over whether Rino Francis had consented to his son driving the car.