A bail application filed by an accused charged with rash driving causing death and injuries was allowed after one month of detention, as further custody was deemed unnecessary to complete the investigation.
Application for regular bail allowed; petitioner released on bond of Rs. 50,000 with two sureties.
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B.A.305/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
Bail Appl..No.305 OF 2020
AGAINST THE ORDER IN CRMC 8/2020 OF DISTRICT COURT & SESSIONS COURT,THALASSERY
AGAINST THE ORDER/JUDGMENT IN CMP 8568/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, THALASSERY
CRIME NO.544/2019 OF NEW MAHE POLICE STATION , Kannur
PETITIONER/ACCUSED:
ARUN R.S. AGED 27 YEARS S/O. CHANDRAN, THAZHEKUZHIKKATT (H) ATHOLI, KOLAKKAD P.O. KOZHIKODE 673 317.
BY ADV. SRI.T.D.SUSMITH KUMAR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SUB INSPECTOR OF POLICE, NEW MAHE POLICE STATION, NEW MAHE P.O. KANNUR 673 311.
OTHER PRESENT:
SR PP CN PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.305/2020
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ORDER
Dated this the 27th day of January 2020
Application for regular bail.
of 2019 of New Mahe Police Station registered for the
offences punishable under Sections 279, 337 and 304 of Indian Penal Code and Section 185 of the Motor Vehicles Act.
27.12.2019.
On 27.12.2019 at about 10.30 p.m. the vehicle
driven by the petitioner, hit on a scooter bearing No. KL 46 U 5295 and knocked down the person who was riding the scooter and he sustained very serious injuries.
Later he succumbed to the injuries. Immediately, the petitioner had taken the vehicle from the spot and it hit against an autorickshaw and four persons including the driver and the passengers of the autorickshaw sustained serious injuries. He was highly intoxicated. Knowing fully well that his intoxicated driving may
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cause accidents and endanger human beings, had drove
his car and caused death of a person and injuries to four others. Thereby he has committed the aforesaid offences.
submitted that he is innocent and in fact he has been falsely implicated in the case under the influence of the driver of the autorickshaw who is a local person.
that the investigation of the case is nearing completion.
against this petitioner is grave and serious in nature. But the petitioner has been in custody for the last one month. As the investigation of the case has progressed to the stage of filing of the final report, I think that further detention of the petitioner may not be required for the investigating agency to file the final report.
Hence, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for
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the like sum each to the satisfaction of the court having jurisdiction.
(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) He shall not commit any offence while on bail.
In case of violation of any of the above
conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V.
JUDGE
sb
1 issue framed by the court
Whether bail should be granted to the accused charged with causing death by rash driving after he had been in custody for one month.
2 provisions across 2 enactments
Arun R.S.
State of Kerala
Sub Inspector of Police
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
