The High Court of Kerala dismissed a bail application filed by an ambulance driver accused of reckless driving and assault on a police officer under sections 333 and 307 IPC. The court rejected the accident defense and denied bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 24TH DAY OF JANUARY 2018 / 4TH MAGHA, 1939
Bail Appl..No. 145 of 2018
CRIME NO. 1820/2017 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT
PETITIONER/ACCUSED:
GOPAKUMAR, AGED 44 YEARS, S/O.BALAKRISHNAN NAIR, ADITHYA, OTTAKKAL,THENMALA, KOLLAM DISTRICT.
BY ADVS.SRI.MANOJ RAMASWAMY SMT.SANJANA R.NAIR
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2. SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 601.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V., J
B.A. No.145 of 2018
Dated this the 24th day of January, 2018
ORDER
BA 145/2018 2
Specialty hospital for better treatment. He is still undergoing inpatient treatment at the KIMS Hospital, Thiruvananthapuram.
BA 145/2018
3
appears from the case dairy that the vehicle was being driven recklessly and that too after smashing another vehicle. After having critically wounded the officer, the vehicle was driven off by the petitioner. The officer is still undergoing treatment in the hospital. The injury sustained by the law enforcement officer is very serious. The contention of the learned counsel that it was a pure case of accident cannot be countenanced. I find no reason to enlarge the petitioner on bail at this stage. This petition is dismissed.
Sd/RAJA VIJAYARAGHAVAN V., JUDGE
vps 25/1 /True Copy/ PS to Judge
1 issue framed by the court
Whether bail should be granted to the accused in a case involving sections 333 and 307 of the IPC where the court found the act was not a mere accident but involved reckless driving causing serious in
2 provisions across 2 enactments
Gopakumar
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
