Sonu Paul vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.868/2022 of Town South Police Station, Palakkad. The offences alleged against the petitioner are under Sections 279, 337 and 304 of the Indian Penal Code, 1860.

According to the prosecution, on 07.09.2022 at 12.15 pm, when the defacto complainant had stopped the Scooter at the red light traffic signal junction, the accused drove in a rash and negligent manner endangering the human life and hit on the scooter causing the death of the defacto complainant.

Sri.Nireesh Mathew, learned counsel appearing for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that even if the entire prosecution allegations are admitted the same would only reveals an instance of offence under Section 304A not 304. Learned Counsel for the petitioner submitted that petitioner is willing to abide by any condition that may be imposed by this Court.

Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and submitted that the petitioner had the knowledge that there was a traffic signal and the vehicles would stop at the traffic signal on seeing red light. Therefore, since the petitioner hit on the scooter causing the death of the defacto complainant, the knowledge can certainly be attributed, thereby coming within the purview of Section 304. Learned Public Prosecutor also submitted that the Investigating Officer has charged Section 304 of IPC apart from Sections 279 and 337 clearly noticing the distinction between the offence under Section 304, and in such circumstances, bail ought not be granted. Learned Public Prosecutor also submitted that steps are being initiated to cancel/suspend the license.

Having regard to the circumstances of the case also the period of detention already undergone from 13.09.2022, I am of the view that even though the allegations against the petitioner are serious in nature, the continued detention need not be permitted. .

Accordingly, this application is allowed on the following conditions:

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional 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.