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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 accused No.1 in Crime No.886/2026 of Town West Police Station, Thrissur District. The offences alleged are punishable under Sections 281 and 105 of the Bharatiya Nyaya Sanhita, 2023 and Sections 134(A) and 134(B) of the Motor Vehicles Act, 1988.
The prosecution case, in short, is that on 19.09.2026 at 11.30 a.m., the applicant being the driver and the accused No.2 being the conductor of the bus bearing registration No. KL-35-0651, the applicant drove the vehicle from south to north along the Kanjani - Olari Public Road, in a rash and negligent manner, endangering human life, knowing that it would result in accidents and fatalities. When the vehicle reached the Chettupuzha incline, the applicant attempted to overtake a scooter bearing Reg. No. KL-08-BF-8988, driven in the same direction by Anitha, who is the defacto complainant’s sister-in-law, and as a result, the left side of the bus struck the right side handlebar of the said scooter, and suddenly the rider fell beneath the bus along with the vehicle. Subsequently, the rear tyre of the bus ran over the head of the rider, Anitha, resulting in her instantaneous death. Both the accused fled the scene of occurrence without notifying the police as required by law, without transporting the victim to the hospital and abandoning both the vehicle and the deceased Anitha. Thus, the applicant committed the aforementioned offences.
I have heard Sri.Muhammed Hussain K.M., 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 21.09.2026. The investigation is almost over. 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.