Shaheem vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.415/2021 of Wandoor police station, alleging commission of offence under Section 304 of the Indian Penal

Code.

Allegation against the petitioner is that the petitioner, who is a driver of a stage carriage bus, drove the said bus in a 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.

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.

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.

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:-

(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;

(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;

(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;

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

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.