Syju M. Thankachan vs State Of Kerala

Gopinath P., J

The petitioner is the 2nd accused in Crime No.1962 of 2021 of Palarivattom Police Station alleging commission of offences under Section 354(D),

(1), 279, 304, 109 and 201 IPC. The allegation against the petitioner is that his actions/omissions caused an accident of a vehicle bearing registration

No.KL-43 K 2221, following which, three youngsters including two young girls lost their life. It is alleged that the youngsters who were travelling in

the aforesaid Car were returning after attending a Party in a Hotel, where the petitioner was also present. It is alleged that the petitioner continuously

harassed the girls who were travelling in the Car and sought that they accompany him to another party. It is alleged that when they refused and left

the Hotel, the petitioner chased them in his Car and this resulted in the first accused being forced to drive at a very high speed, which ultimately

caused the accident.

The learned senior counsel appearing for the petitioner would submit that the charges are so fanciful that it is totally unbelievable that the petitioner

would be, in any way, responsible for the death of the three youngsters in the Car accident. It is submitted that the investigation reveals that the first

accused in the case who was driving the vehicle which met with the accident was in a highly inebriated condition and this alone could be the reason

why he lost the control of the Car. It is submitted that the only non-bailable offence alleged against the petitioner is that under Section 304 of IPC,

which, at any rate, is not attracted even assuming that all the allegations against the petitioner are taken to be true. It is also submitted that the

petitioner has been in custody from 27.11.2021 and his continued detention is not necessary for the purpose of investigation into the matter.

Learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that after the petitioner was taken into custody, instances of various

other crimes committed by the petitioner, including crimes under the provisions of the NDPS Act have been revealed and further that there are clear

CCTV visuals including visuals from traffic cameras, which would show the manner in which the petitioner had caused the accident in question. It is

submitted that the petitioner is a very wealthy and influential person and the grant of bail at this stage of investigation, may not be conducive for a

successful prosecution of the petitioner. It is finally submitted that if this Court is inclined to grant bail to the petitioner, it may be on very stringent

conditions.

Having regard to the facts and circumstances of the case, and considering the fact that the petitioner has been in custody from 27.11.2021 onwards

and taking into account the nature of the allegations against the petitioner, I am of the opinion that the petitioner can be granted bail, subject to

stringent conditions. Prima facie and for the purpose of considering the entitlement of the petitioner to bail, I am of the opinion that the provisions of

Section 304 IPC may not be attracted, even if the entire allegations alleged against the petitioner are true. This observation is only prima facie and

made only for the purpose of granting bail and should not be treated by any Court as a finding or observation by this Court on the question.

In the result, this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

i)The petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

ii) The petitioner shall appear before the Investigating Officer in Crime No.1962 of 2021 of Palarivattom Police Station, Ernakulam on every Monday and Saturday at 9

am until further orders;

iii) The petitioner shall not leave the local limits of Ernakulam District without permission from the jurisdictional Court. However, this condition shall not apply, if the

petitioner is required to appear before any Court either for taking bail or for any other purpose;

iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the jurisdictional Court within seven days of release on bail;

v) The petitioner shall not involve in any other crime while on bail.

If any of the conditions are violated, the Investigating Officer in Crime No.1962 of Palarivattom Police Station may file an application before the

jurisdictional Court for cancellation of bail.