Kerala High Court
Nithin Mohan vs State Of Kerala on 21 August, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 21ST DAY OF AUGUST 2020 / 30TH SRAVANA, 1942
Bail Appl..No.5306 OF 2020
CRIME NO.2863/2020 OF PATHANAMTHITTA POLICE STATION ,
PATHANAMTHITTA
PETITIONER/ACCUSED:
NITHIN MOHAN,
AGED 27 YEARS,
NIRAVEL VEEDU,
KIZHAKKUPURAM PO,
KONNI THAZHAM VILLAGE,
PATHANAMTHITTA DISTRICT
PIN - 689691
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM PIN - 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.5306 OF 2020
2
ORDER
Dated this the 21st day of August, 2020 APPLICATION FOR REGULAR BAIL UNDER SECTION 439Cr.P.C The applicant is the 1st accused in Crime No.2863 of 2020 of Pathanamthitta Police Station, Pathanamthitta, for having allegedly committed offences punishable under Sections 308 and 304 read with Section 34 of the IPC and under Section 185 of the MV Act. The prosecution case, in brief, is thus:
2. On 17.08.2020 at about 7.45 PM, the applicant was allegedly driving a car bearing Registration No.KL-26-F-6701 inebriated state, with his brother, as a co-passenger, along the Stadium Junction-St Peter's Junction public road, in a rash and negligent manner, knowing fully well that driving a car in a drunken state, may cause the death of someone on the road. His car hit one Sathyan and his wife Santhamma, resulting in grievous injuries to both of them, and Santhamma succumbed to injuries. Thus, the accused in furtherance of common intention, B.A.No.5306 OF 2020 3 committed the offence of culpable homicide, not amounting to murder.
3. The applicant states that the allegations are false.
Neither was a breath analyser test, nor the blood sample of the applicant was collected for the purpose of ensuring that he was in an inebriated state or that he had consumed alcohol as required under the provisions of Section 185 of the MV Act. It is also stated that his brother, who was the co-passenger had got married and it is in connection with that, certain liquor bottles kept in the car which prompted the Investigating Officer to conclude that the applicant and his brother were both drunk. It is also submitted that the applicant does not have any criminal antecedents. He has been in custody since 18.08.2020. No custodial interrogation is required. The car has been seized and he is willing to co-operate with the investigation. And, therefore, he may be released on bail.
4. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor B.A.No.5306 OF 2020 4 vehemently opposed the application for bail, stating that the applicant had deliberately caused the death of a person, who was standing beside the road and her husband has been grievously hurt, because of the act of the applicant. Driving a car, as such, breakneck speed, that too in an inebriated state along a public road, would definitely cause the death of a person. And, therefore, having done such an act knowingly, would amount to culpable homicide not amounting to murder. Hence, the bail may not be granted at this stage, pleads the learned Prosecutor.
5. After having considered the entire facts and circumstances of this case, the present pandemic situation, and the antecedents of the applicant, I find that there is no need for further incarceration of the applicant. There is nothing to be recovered also.
6. In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of B.A.No.5306 OF 2020 5 the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.
Sd/-
ASHOK MENON JUDGE NR/21/08/20