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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.673/2026 of Kuzhalmannam Police Station, Palakkad District. The offences alleged are punishable under Sections 281 and 105 of the Bharatiya Nyaya Sanhita, 2023 and Section 185 of the Motor Vehicles Act, 1988.
The prosecution case, in short, is that on 10.09.2026 at 15.30 hours, the applicant, being the driver of the vehicle bearing registration No.KL-38-M-7922, drove the vehicle along the Thrissur-Palakkad National Highway in a rash and negligent manner, endangering human life and under the influence of alcohol. When the vehicle reached Chithali, it hit the rear of an auto-rickshaw bearing registration No.KL-09-Z-7352, which was being driven in the same direction by one Abdul Rahman, a relative of the defacto complainant. Abdul Rahman along with the auto-rickshaw, fell to the side of the road and he sustained serious injuries to his head, chest, arm and shoulder. While undergoing treatment at Azeezia Hospital, Alathur, he succumbed to his injuries on 11.09.2026 at 04.07 hours. Thereby the applicant committed the aforesaid offences.
I have heard Sri.Mahesh V. Menon, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 11.09.2026. The investigation is almost over. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.