Kumar vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 16.01.2023 for the alleged offences punishable under Sections 304(2), 337 of IPC and Sections 184 & 185 of Motor Vehicles Act, in Crime No.18 of 2023 on the file of the respondent Police, seeks bail.

The case of the prosecution is that the petitioner and the deceased are working in a same company. On 15.01.2023, the petitioner, under the influence of alcohol, drove his two wheeler in a rash and negligent manner, due to which, he dashed his vehicle against the center median of the road, in which, the pillion rider of the vehicle/deceased sustained grievous head injuries and died. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person aged about 25 years. He also submitted that the petitioner had driven his vehicle in a normal speed and he has no intention or motive to commit murder of the victim. He would further submit that the alleged occurrence is stated to have been occurred unfortunately. He also stated that the petitioner is in custody from 16.01.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) submitted that the petitioner and the deceased are working in a same Company and on 15.01.2023, the petitioner, who was in an inebriated condition, has driven his vehicle in a rash and negligent manner and dashed against the center median of the road, due to which, the deceased who is the pillion rider of the vehicle, sustained grievous head injuries and died. He also submitted that the investigation is almost completed, however, he opposed to grant anticipatory bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also taking note of the fact that the investigation has almost been completed, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one should be the blood surety, who should produce document to show his/her means), each for a like sum to the satisfaction of the learned IV Metropolitan Magistrate, Saidapet, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

On considering the pathetic situation of the family of the deceased, this Court recommends that it is a fit case to refer, as per 357(A) (1) (2) and (6) of Victim Compensation Scheme. The Legal Services Authority, Chennai, is hereby directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) as interim compensation to the family of the deceased, addressing to the District Collector, in the manner known to law within a period of 12 weeks from the date of receipt of copy of this order.

With the above directions, this Criminal Original Petition is ordered.