The Kerala High Court has granted anticipatory bail to Rino Francis, an Additional District and Sessions Judge whose 17-year-old son is the minor accused in a fatal hit-and-run case in Kochi. The court questioned the need for “further interrogation” of the judge after he had already been questioned by the police for more than four hours.
The case relates to an accident in the early hours of Sunday, October 25, when a Mercedes-Benz allegedly driven by Francis’s minor son hit and killed Jayabalakrishnan, a 55-year-old scooterist, on Container Road at Marapparambu in Cheranalloor, Kochi. The car was registered in the judge’s name.
Francis, who serves at a court in Irinjalakuda in Kerala’s Thrissur district, was booked under Section 199A of the Motor Vehicles Act. The provision deals with the liability of a vehicle owner or guardian when a juvenile commits an offence under the Act.
‘What was the need to interrogate him for four hours?’
During the hearing on the judge’s anticipatory bail plea, senior advocate P. Vijaya Bhanu, appearing for Francis, submitted that his client had already appeared before the police on Wednesday and undergone more than four hours of interrogation. Despite this, the police had issued another notice directing him to appear again.
Questioning the necessity of further interrogation and the proposed arrest, Justice Edappagath remarked, “What was the need to interrogate him for four hours and now for further interrogation? Why is his arrest required? He is a judicial officer. He will cooperate with the investigation”.
The court also observed that Francis was a serving judicial officer in the district judge cadre and there was no apparent reason to believe that he would abscond or evade the legal process.
It directed the Cheranalloor Station House Officer and other police officers involved in the investigation not to arrest Francis until further orders.
Judge claims he was asleep when son took the car
In his bail plea, Francis claimed that he had no knowledge that his son had taken the Mercedes from the premises. According to the petition, he was asleep when the 17-year-old took the vehicle and learnt about the accident only after receiving a phone call at 2:14 AM.
The judge’s plea also challenged the applicability of Section 105 of the Bharatiya Nyaya Sanhita (BNS), arguing that the provision requires the necessary criminal intent or knowledge and that merely owning the vehicle could not establish criminal liability.
The victim’s family opposed the bail plea, alleging that Francis had tampered with evidence after being informed about the crash. They also sought scrutiny of his conduct in connection with the case.
The High Court, however, said it had to proceed in accordance with the law and directed the prosecution to furnish the State’s response to the plea.
Crime branch investigates, minor’s bail challenged
The investigation has been transferred to the District Crime Branch, which searched the judge’s flat in Aluva and seized digital devices and a motorcycle as part of the probe.
Separately, the Motor Vehicles Department issued a show-cause notice to Francis, as the registered owner of the Mercedes, seeking an explanation regarding how his minor son was allowed to drive the vehicle.
The Juvenile Justice Board has granted bail to the 17-year-old. The police have subsequently approached the court seeking cancellation of the minor’s bail and permission for custodial interrogation.
The investigation into the fatal crash and the allegations against the judge remain ongoing. The allegations of evidence tampering have not been established in court.
