Akhil Kumar P vs State Of Kerala

Mohammed Nias C.P, J.

This is the second application, filed under Section 439 of the Code of Criminal Procedure, seeking regular bail. The petitioner is the first accused in Crime No. 932/2023 of Chevayur Police Station for having committed an offence punishable under Section 304 of IPC.

The prosecution case is that, on 16.10.2023 at 9.30 hours, at Vengeri junction, NH 66 Bypass road, Kozhikode, while one Shyju and his wife Jeema were travelling on a scooter bearing registration No. KL 76 D 4143, the " Thiruvonam " bus bearing registration No. KL 60 8003, driven by accused No.1 in a rash and negligent manner to endanger human life, came in the same direction and hit behind the above-mentioned scooter, causing fatal injuries to the said Shyju and Jeema, and they subsequently succumbed to the injuries. The prosecution further alleges that in the very same incident, another motorcycle rider and passenger in the bus driven by accused No.1 also sustained injuries. According to the prosecution, the first accused was engaged in a speeding race with another bus by the name “Sopanam”, moving ahead of the bus driven by the accused, and the incident happened when the first accused tried to overtake the other bus with the knowledge that his act is likely to result in the death of the scooter riders, and thereby committed the above offence.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 16.10.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the investigation has substantially progressed, the petitioner is in custody from 16.10.2023 and also, since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

ii. The petitioner shall report before the Investigating Officer as and when required to do so.

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

iv.The petitioner shall not be involved in any other crime while on bail.

v. The petitioner shall surrender his Passport before the jurisdictional court. If the petitioner does not have a Passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail.

vi.The petitioner shall furnish his present address along with his mobile phone number to the court concerned as well as to the Investigating Officer.

If any of the conditions are violated, the jurisdictional court concerned shall be empowered to take steps for cancellation of bail, as per law.