Sunish.M.R vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.287/2024 of the Maradu Police Station, Ernakulam, registered against him for allegedly committing the offences punishable under Sec.304 of the Indian Penal Code (in short, 'IPC') and Secs.134(a) and 134(b) of the Motor Vehicles Act, 1989. The petitioner was arrested on 21.02.2024.

The essence of the prosecution case is that: on 13.02.2024 at around 19.11 hours, while the accused was parking his lorry bearing No.KL-40-Q 8108 on the Thevara - Kundanoor bridge area, he reversed the vehicle in a manner endangering human life and with a knowledge that it would cause death knocked down a person named Sudheesan (deceased), who was standing behind the vehicle. The lorry ran over the said person and he succumbed to the fatal injuries. The accused washed off the blood stains and attempted to destroy the evidence. He also failed to give any proper medical aid to the deceased. Thus, the accused has committed the above offences.

Heard; Sri.K.P.Madhu, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation leveled against him. By no stretch of imagination can Section 304 be incorporated. A reading of Annexure A1 remand report would substantiate that the offence will not be attracted. In any given case, the petitioner has been in judicial custody since 21.02.2024, that the investigation in the case is practically complete and recovery has been effected. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. She submitted that the investigation is not complete. If the petitioner is released on bail, there is every likelihood of him sabotaging the investigation. Hence, the application may be dismissed.

On an appraisal of the materials on record, it can be gathered that the incident occurred while the petitioner was reversing the lorry and the deceased was standing behind the vehicle. Prima facie, I find that the offence under Section 304 IPC may not be attracted. Therefore, I hold that the petitioner's further detention is unnecessary.

On an anxious consideration of the facts, the rival submissions made across the Bar and the findings rendered above, I am of the definite view that the petitioner is entitled to be released on bail.  Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to 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, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure 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 in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer;

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and Anr.[2020 (1) KHC 663].