Allowed

Shaheem v. State of Kerala

Kerala HC18 Jan 2022Bail Appl./76/2022

Case brief

AI extract

What is this about?

High Court judge allowed bail to a bus driver accused under Section 304 IPC for causing a single death by rash negligence. The court imposed conditions including bond execution, periodic reporting, and restrictions on interfering with witnesses or committing new crimes.

What did the court decide?

Petitioner released on bail subject to bond of Rs.50,000 with two sureties, weekly reporting to investigating officer, and restrictions on interference or new crimes.

Shaheem Vs State of Kerala — Motor Accident Claims | Kerala HC (2022)

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BAIL APPL. NO. 76 OF 2022 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943
BAIL APPL. NO. 76 OF 2022

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CRIME NO.415/2021 OF WANDOOR POLICE STATION

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PETITIONER/ACCUSED:

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SHAHEEM
AGED 29 YEARS
S/O. RAHEEM, OCHIRA HOUSE, VELLAMPURAM,
PALAMADAM, WANDOOR, MALAPPURAM DISTRICT
, PIN - 679328
BY ADVS.
P.C.MUHAMMED NOUSHIQ
K.SIYAMURSHID
JAHANA SHERIN.K

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RESPONDENT/STATE:

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STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE, WANDOOR POLICE
STATION, MALAPPURAM DISTICT, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR

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SRI. T.R. RANJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 76 OF 2022 2

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ORDER

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This is an application for regular bail.

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Petitioner is the accused in Crime No.415/2021 of

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Wandoor police station, alleging commission of offence under Section 304 of the Indian Penal Code.

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Allegation against the petitioner is that the petitioner,

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who is a driver of a stage carriage bus, drove the said bus in a

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rash and negligent manner into the bus bay of Manalimmalppadam bus stand, as a result of which a 17 year old boy, who was waiting there to board the bus was run over and succumbed to his injuries on the spot.

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Learned counsel appearing for the petitioner submits that the incident was a clear case of accident and the offence under Section 304 of the Indian Penal Code is not attracted, considering the definition of the offence under Section 304 of the IPC. It is submitted that there was no intention whatsoever on the part of the petitioner to cause death of any person and therefore the only offence that can be charged against the petitioner is that under Section 304A of the Indian Penal Code which is a bailable offence.

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BAIL APPL. NO. 76 OF 2022 3

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I have heard the learned Public Prosecutor also. Learned Public Prosecutor pointed out that the CC TV footage recovered by the prosecution shows the manner in which the petitioner had driven the vehicle, resulting in the death of a 17 year old boy. It is submitted that the petitioner was clearly guilty of an offence under Section 304 of the IPC as he was aware that his negligent act may result in the death of a person. It is also submitted that there was clear negligence on the part of the petitioner.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner and considering the fact that he has been in custody for 36 days as on date, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

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(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

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BAIL APPL. NO. 76 OF 2022 4

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(ii) Petitioner shall appear before the investigating officer in Crime No.415/2021 of Wandoor Police station on every Saturday at 11 am until filing of final report;

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(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.415/2021 of Wandoor police station;

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.415/2021 of Wandoor police station may file an application before the jurisdictional court, for cancellation of bail.

SD/-

GOPINATH P.

JUDGE

ajt

BAIL APPL. NO. 76 OF 2022 5

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APPENDIX OF BAIL APPL. 76/2022

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PETITIONER ANNEXURES
Annexure1TRUE COPY OF ORDER IN CRL M.P. NO. 2096 OF 2021
DATED 13.12.2021 PASSED BY JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PERINTHALMANNA
Annexure2TRUE COPY OF ORDER IN CRL. M.C NO. 1323 OF 2021
DATED 03.01.2022 PASSED BY COURT OF SESSION,
MANJERI.

Shaheem v. State of Kerala

Case brief

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Shaheem v. State of Kerala

Case brief

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