Shahjade vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.1087 of 2021 of Maradu Police Station, Ernakulam, which is now pending as S.C.No.550 of 2023 on the files of the Principal Assistant Sessions Court, Ernakulam. The offences alleged against the petitioner are under Section 304 of the Indian penal Code, 1860 as well as under Section 184 of the Motor Vehicles Act, 1988.

According to the prosecution, on 15.07.2021, the accused drove a tanker lorry bearing Registration No.KL-41-E-8853 through Aroor-Edappally National Highway, with the knowledge that he, by the said act, would cause danger to human life and thereafter hit the motor bike driven by one Vincent Varghese which caused the driver as well as the pillion rider to fall down and suffer fatal injuries resulting in their death and the accused committed the offences alleged.

Initially, the petitioner was arrested on 15.07.2021 and was granted bail. Subsequently, the final report was filed and the case was pending consideration as C.P.No.3 of 2022. During the committal stage, since petitioner failed to appear, the bail already granted was cancelled and non-bailable warrant was issued and the petitioner was arrested on 22.03.2023 and remanded to custody.

Adv.Ieans C.Chamakkala, appearing for the petitioner contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner is a driver and he was not aware about the summons issued directing his presence before the court. It was further submitted that though there was a condition in the order granting bail not to leave the State of Kerala without the permission of the court, petitioner being a non-Keralite had not comprehended the said condition and hence was not aware of the said condition. Therefore without realising the significance and meaning of the said condition, he left Kerala pursuing his vocation as a driver. Thus considering the date of detention, petitioner ought to be released on bail, contended the learned counsel.

Sri.Manu P.G., the learned Public Prosecutor opposed the application and submitted that while granting bail to the petitioner on 30.07.2021, specific conditions were imposed. Despite a specific condition, not to leave Kerala, petitioner left, without intimating the court or seeking permission and therefore, there was a serious violation of the conditions of bail and hence, the cancellation of bail is justified. It was further submitted that even at present, there is no guarantee that the petitioner will appear for trial and therefore, petitioner should not be granted.

I have considered the rival contentions. Petitioner was a driver of a tanker lorry which hit on a motor bike causing the death of two persons. Though the allegations are serious, petitioner was granted bail imposing a condition that he shall not leave the State without the permission of the court. However, since the petitioner violated the said condition, he was remanded to custody after cancelling his bail on 22.03.2023.

Taking into consideration the circumstances of the case and also the period of detention already undergone, I am of the view that further detention is not necessary and petitioner can be released on bail on strict conditions.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction. One of the sureties shall be the relative of the petitioner.

(b) Petitioner shall file an affidavit giving the permanent residential address of not only the petitioner but also of his parents and wife along with their mobile numbers.

(c) Petitioner shall appear before the trial court on every posting date without fail.

(c) Petitioner shall not commit any other offence while on bail.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

In case of violation of any of the above conditions, the trial court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.