The Kerala High Court on Thursday granted anticipatory bail to an Additional District Judge whose 17-year-old son was allegedly involved in a fatal car accident in Kochi on October 25, observing that custodial interrogation of the judicial officer was not necessary at this stage.The court questioned the state's insistence on arresting the accused, noting that there was no indication that he had failed to cooperate with the investigation.Justice Kauser Edappagath passed the order while hearing the anticipatory bail plea filed by the judicial officer, who is also a Motor Accident Claims Tribunal (MACT) judge, Bar and Bench reported.The officer was booked as an accused under Section 199A of the Motor Vehicles Act, which makes a vehicle's owner or guardian liable for offences committed by a minor driving the vehicle. Questioning the necessity of arrest, the court asked the state's counsel, "Do you want to put the District Judge behind bars and interrogate him?"It further observed that the investigating team had already searched his residence and seized items, while there was no allegation that he had refused to cooperate. "Why do you want to arrest him?

Why do you want his custody?" the court asked, adding that custodial interrogation could be permitted if absolutely necessary, but the circumstances of the present case did not warrant it.The court also remarked that the government should file detailed replies in every bail application, as this would assist the court in examining such matters.The High Court had, on October 29, granted the accused interim protection from arrest and directed him to cooperate with the investigation.The case relates to an accident in the early hours of October 25, when a Mercedes-Benz allegedly driven by the judge's 17-year-old son rammed into a scooter from behind, killing its rider, Jayabalakrishnan, 55.The victim was reportedly returning home after running a food stall. The car was registered in the judicial officer's name.A day after the accident, the Juvenile Justice Board granted bail to the minor.However, following further investigation, police invoked Section 105 of the Bharatiya Nyaya Sanhita (BNS), relating to culpable homicide not amounting to murder, along with relevant provisions of the Motor Vehicles Act.In his bail plea, the judge maintained that he was unaware that his son had taken the vehicle and was asleep when the incident occurred.He also argued that the intention or knowledge required to attract Section 105 BNS could not automatically be attributed to him on account of his son's actions.Opposing the plea, the victim's family sought a thorough investigation into the judge's conduct after the accident, alleging that he remained at the scene for around three hours and seeking clarification on whether any evidence was removed or concealed.Also, the prosecution's appeal seeking cancellation of the minor's bail was dismissed by the Special Court for Women and Children in Ernakulam.The court's decision means that the 17-year-old will remain out on bail while the case proceedings and investigation continue.With anticipatory bail granted to the father and the prosecution's appeal against the minor's bail dismissed, both accused will remain out of custody as the investigation and legal proceedings in the fatal accident case continue.- Ends