Rayan vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.57/2021 of Kasaba Police Station, Palakkad

for having allegedly committed offences punishable under Sections 304, 308, and 427 of the IPC.

The prosecution case, in brief, is that on 31.01.2021 at about 8.30 p.m. the applicant allegedly drove his car bearing registration No. KL 07-BL-6567

under the influence of alcohol along the Kozhinjampara Palakkad State Highway in a rash and negligent manner with the knowledge that by his so

driving the car in a drunken stage is likely to cause the death of any person is likely to hit and thus when the car reached near the bus stop at Naithala

it collided with another vehicle bearing registration No. KL 50A 1701 and thereafter the vehicle hit a mini lorry bearing registration No. TN 38W 4263

as the impact of the hit of the car driven by the accused skidded towards the left side of the car and hit a motorcycle bearing registration No. TN 37

CS 0241 on which the de facto complainant was riding with a pillion rider named Ratheesh, who also sustained fatal injuries and succumbed to it.

The applicant was arrested on 31.01.2021 and has been in custody since then. The vehicle has already been seized. The applicant has no criminal

antecedents. It is submitted that he is having non alcoholic xerosis of liver and he does not consume alcohol as alleged by the prosecution.

The learned Public Prosecutor submits that there is a medical certificate which indicates that the applicant was under the influence of alcohol. But

strange enough that offence under Section 185 of the MV Act for drunken driving has not been incorporated in the FIR.

After having heard the submissions on both sides, I find that the applicant is a person does not have any criminal antecedents. He is willing to

cooperate with the investigation. The investigation has progressed well and therefore further detention of the applicant may not be necessary.

Hence, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand

only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.