Sajeev T.N vs State Of Kerala

The petitioner, the 1st accused in Crime No. 463 of 2019 of Koyilandy Police Station registered for the offences punishable under Sections 324 and 308 read with Section 34 of Indian Penal Code, apprehending arrest has filed this petition.

The prosecution allegation is that on 02.07.2019 at about 9.30 a.m., the defacto complainant, along with his wife was travelling in a car bearing Registration No. KL-56-D-5462 from Kozhikode to Koyilandy. When they reached at a place called Vettilappara, a bus driven by this petitioner in a rash and negligent manner hit on the car from behind deliberately many times and caused injuries to his wife and extensive damages to the car. The defacto complainant and his wife escaped because of the protective devices inside the car. Thereby, this petitioner has committed the offences of culpable homicide not amounting to murder apart from the other offences.

The learned counsel for the petitioner submitted that the allegations levelled against him are absolutely baseless. It was only an accident and he has not deliberately hit the bus driven by him on the car as alleged by the prosecution. But under the influence of the defacto complainant, the police has registered this crime against him. So, he apprehends unnecessary arrest from the side of the 2nd respondent.

But the learned Public Prosecutor refuted the claim of the petitioner and contended that it was not mere an accident as alleged by the petitioner. The petitioner has hit the bus driven by him on the car driven by the defacto complainant several times and because of the impact of the hit by the bus, the defacto complainant lost his control and the car turned around, and due to the protective devices inside the car, his life as well the life of his wife could be saved. Hence, the prosecution requires custodial interrogation of this petitioner to probe into the details of the case.

Admittedly, the bus came from the very same direction and it hit on the car driven by the defacto complainant. The inspection report prepared by the Motor Vehicle Inspector, after examination of both the vehicles, would show the damages were caused to the bus driven by the petitioner and to the the car driven by the defacto complainant.

But prima facie, it is not revealed from the reports and records that there was an attempt on the side of this petitioner to commit culpable homicide not amounting to murder. But it appears that an accident had taken place in the public road and unfortunately the wife of the defacto complainant has sustained injuries. But the injuries sustained by her are minor in nature as revealed from the wound certificate available on record.

Having regard to the nature of the accusations levelled against the petitioner and the other facts and circumstances involved in this case, I find it difficult to conclude that custodial interrogation of this petitioner is absolutely necessary to proceed with the investigation of the case. But the investigating agency has to interrogate the petitioner to proceed with the investigation.

Therefore, the petitioner is directed to surrender before the Investigating Officer on 31.03.2021 at 10.30 a.m. Upon his surrender, after recording his arrest and interrogation, he shall be produced before the jurisdictional Magistrate. The learned Magistrate shall release him on bail, if an application is moved by the petitioner on the same day, subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each.

(ii) He shall appear for interrogation before the Investigating Officer as and when required by him in writing. He shall co-operate with the investigation of the case.

(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.