IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 703 of 2010 CRIME NO.26 OF 2010 OF ERUMELY POLICE STATION, KOTTAYAM DISTRICT PETITIONER: ACCUSED: ------------------------------- BHUPATHI, AGED 37 YEARS, S/O.NARAYANA, MELLEMPUDI, DOOR NO.34-110, NANDIGRAM TALUK, ANDHRA PRADESH. BY ADV. SRI.K.RAMACHANDRAN SRI.MOHAMMED FAISAL NAHA RESPONDENTS: COMPLAINANT: STATE: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ERUMELY POLICE STATION, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/2/2010, THE COURT 22/02/2010, PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 703 OF 2010 ------------------------------------------------------ Dated this the 22nd day of February, 2010 O R D E R The petitioner, Bhupathi, the accused in Crime No. 26 of 2010 of Erumely Police Station seeks bail under Section 439 of the Code of Criminal Procedure. The prosecution case is that the petitioner committed the offence under Sections 304 and 308 of the Indian Penal Code. The petitioner was arrested on 15-1-2010 and he was remanded to judicial custody. 2. On 6-1-2010, 37 pilgrims started their journey in a goods lorry from Nandigram in Krishna District in the State of Andhra Pradesh. They intended to go to Sabarimala for “makaravilakku”. They were travelling via Shree Sailam, Mahanandi, Dharmasthala and Mysore. On 12-1-2010, at about 12 noon, they arrived at Erumeli. After “petta thullal”, by about 6 P.M., they started from Erumeli. From the inception of their journey, Abdul Salim was driving the vehicle. While starting from Erumeli, Abdul Salim said he was sleepy. The “Guruswami” directed the petitioner, a pilgrim in the group and a driver by profession, to drive the vehicle. After some B.A. NO. 703 OF 2010 :: 2 :: time, at a place called “Kanamala atti valavu”, it would appear that the driver lost control of the vehicle. It hit against a revetment and capsized. 3. In the accident, 11 persons died and 15 persons were injured. 4. In the goods lorry, 37 persons were travelling. Sand was partly filled in the platform of the lorry and about 10 sacs filled with sand were also placed there, probably to avoid jerks. The lorry was covered with a Shamianah for the convenience of the passengers. When the accident took place, the sand and the structure of the Shamianah fell on the pilgrims, which contributed to the gravity of the accident. 5. The inspection report of the Joint Regional Transport Officer, Kanjirapally shows that the accident occurred not due to any mechanical defect of the vehicle. 6. From the case diary, it is seen that another lorry carrying pilgrims was also following the lorry driven by the petitioner. B.A. NO. 703 OF 2010 :: 3 :: 7. It would appear that pilgrims from other States are using goods vehicles for their journey to Sabarimala and other places. The Motor Vehicles Act does not permit passengers being taken in goods vehicle. How could the lorry carrying passengers cross the border of Andhra Pradesh, Karnataka and Kerala without any objection from any authority ? It is true that if the pilgrims are intercepted in Kerala and prevented from continuing their journey in goods vehicles, it would cause hardship to them. But that is not a sufficient explanation for the transgression of the provisions of the Motor Vehicles Act and Rules. Shutting eyes to the violation also would not constitute a final solution to the problem. I think the Government would be able to deal with the problem by communicating with the neighbouring States so that effective methods could be evolved. If the goods vehicles carrying pilgrims from other States are not allowed to cross the border of the respective States, it would be an effective solution to the problem. The neighbouring States could be requested not to allow such vehicles to cross the border of those States. Adequate publicity could also be made to the effect that under no circumstances, the pilgrims would be allowed to travel in goods vehicles to Sabarimala and other pilgrim centres. B.A. NO. 703 OF 2010 :: 4 :: 8. The Bail Application filed by the petitioner was dismissed by the Judicial Magistrate of the First Class II, Kanjiriappally and by the Sessions Judge, Kottayam, respectively as per the orders dated 19th January and 28th January 2010. The investigation of the case has progressed thereafter. The learned Sessions Judge held that the correctness of the address furnished by the petitioner is to be ascertained. Before this Court, the petitioner has produced copies of his electoral identity card and ration card to show his correct address. The originals of these documents were shown to me for perusal. In the facts and circumstances of the case, I do not think that the petitioner should be detained further. 9. The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kanjirapally, subject to the following conditions: (A)The petitioner shall report before the investigating officer between 9A.M. and 11 A.M. on the first Monday of every month, till the final report is filed or until further orders; B.A. NO. 703 OF 2010 :: 5 :: (B)The petitioner shall appear before the investigating officer for interrogation as and when required; (C)The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; (D)The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; (E)In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. The Registry will communicate a copy of this Order to (1) the Chief Secretary to the Government, Government of Kerala ; (2) the Secretary to Government, Department of Transport and (3) the Secretary to Government, Department of Tourism. (K.T.SANKARAN) Judge ahz/