IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5418 of 2009() ------------------------------------- CRIME NO. 460/2009 OF OACHIRA POLICE STATION ........................... PETITIONER/ACCUSED: ---------------------------------- M. SANKAR REDDIAR @ BAIJU, ATTATHUPARAMBIL VEETIL, ARYAD THEKKUM MURI, AVALAKKUNNU WARD, ALAPPUZHA ADDRESS ERRONEOUS SHOWN AS SANKAR @ BAIJU, JAGADA SADANAM, THATHAMPALLICHERIL, MULLAKKAL VILLAGE, ALAPPUZHA. BY ADV. SRI. GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5418 of 2009 ------------------------------------ Dated this the 30th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.460/2009 of Oachira Police Station. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The prosecution case is that on 10/9/2009 at 5.40 P.M, the Mini lorry driven by the petitioner hit against four ladies and they sustained injuries. One of the ladies died of the accident. The petitioner was arrested on the same date itself. He was examined by the doctor at 8 P.M.. The doctor opined that the petitioner was under the influence of alcohol. 4. The petitioner has a different case. It is stated in the paragraph (4) of the Bail Application thus: “It is humbly submitted that the petitioner is innocent of the allegations levelled against him. The Maruti Alto Car and the Force Lorry driven by the petitioner were travelling towards south through NH 47, B.A. No. 5418/2009 2 in the same direction. When the vehicles reached Valiyakulangara Pallimukku Jn. the Maruti Alto Car attempted to over take vehicle driven by the petitioner and in the process the rear left side of the alto car hit the front right side of the lorry and resultantly the lorry lost its balance and hit the deceased Radhamma and others who were standing by the side of the NH 47. The allegation to the contrary is an attempt to absolve the driver of the Alto car from the culpable liability.” 5. Whether the version of the prosecution is true or the version made by the accused is true is to be decided not at this stage, but at the time of trial. The fact remains that the petitioner was found under the influence of alcohol. If he was under the influence of alcohol at the time of driving the vehicle, it would make the offence a more serious one. On the other hand, if he has consumed alcohol after such a serious accident, that shows his state of mind. 6. The learned Public Prosecutor submitted that immediately after the accident, people of the locality prevented B.A. No. 5418/2009 3 the accused from escaping and therefore, there was no occasion for the accused to consume alcohol after the accident. All these are the matters to be considered at the time of trial. 7. The investigation is at the initial stage. If the petitioner is released on bail at this stage, it would seriously affect the smooth progress of the investigation. The Bail Application deserves to be dismissed at this stage. Accordingly, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm