Kerala High Court
Suneesh vs State Of Kerala on 14 October, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941
Bail Appl..No.7192 OF 2019
CRIME NO.608/2019 OF THE PERAMBRA POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED:
SUNEESH, AGED 33 YEARS,
S/O. BALAN, VELUTHAPARAMBATH (H),
KADIYANGAD PALAM, KADIYANGAD,
KOZHIKODE DISTRICT
BY ADVS.
SRI.I.DINESH MENON
SRI.L.RAJESH NARAYAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
PERAMBRA POLICE STATION THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM,KOCHI-682 031.
BY SRI.SUMAN CHAKRAVARTHY SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No.7192/2019 2
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure.
2. The applicant herein is the accused Crime No.608 of 2019 registered at the Perambra Police Station for offences, inter alia, under Section 304 of the IPC.
3. Mrs. Devi, a lady aged 58 years, was at the Perambra Bus Stand on 25.9.2019 at noon. While she was standing near to the entrance, the applicant herein, as the driver of a bus bearing Registration No. KL-18 K- 1116, drove the vehicle at a break neck speed and entered the bus stand from the public road. The unsuspecting lady was not able to make way and the bus ran over her body resulting in her instantaneous death. According to the prosecution, the applicant had driven the bus with the knowledge of the dangerous consequences which are likely to ensue by his acts. He was arrested on 27.09.2019 and he remains in custody.
4. Heard Sri.L.Rajesh Narayan, the learned counsel appearing for the applicant, and Sri.Suman Chakravarthy, the learned Senior Public Prosecutor.
5. It is submitted by Sri.Rajesh Narayan that the applicant was plying the vehicle in a slow and steady manner and the incident occurred when the deceased lady abruptly crossed the road. It is further urged that even if the prosecution allegations are admitted as such, the offence B.A. No.7192/2019 3 attracted is only one under Section 304A of the IPC. Reliance is placed on a decision of the Hon'ble Supreme Court in Prabhakaran v. State1 to bolster his submissions.
6. The learned Senior Public Prosecutor has opposed the prayer. It is submitted that the statement of the witnesses and the lie of the road would reveal in no unmistakable terms that the applicant herein had drove the bus in such a manner that he has to be imputed with knowledge that the act committed by him was so imminently dangerous that it would in all probability cause death.
7. I have considered the submissions advanced and have perused the records. About half a decade back, the Apex Court in Nageshwar Sh. Krishna Ghobe v. State of Maharastra2, had occasion to observe that the investigation by the police in motor accident cases resulting in loss of life or limb leaves a lot to be desired. The Apex Court lamented that the investigating officer did not even take photographs of the position of the vehicle, the important landmarks etc., to enable the trial court to have a proper understanding of the lie and nature of the road. Even after half a century, the system has not improved. I find from the records that even a proper scene plan has not been prepared in the instant case. The police still relies on a mahazar casually prepared by a police officer to convince the trial court of the manner in which the accused had committed the 1 [(2007) 14 SCC 269] 2 [(1973) 4 SCC 23] B.A. No.7192/2019 4 punishable act. The advances in technology appears to have evaded the eyes of the police officer. The investigating officer could have taken the aid of Google maps, videos of the scene of crime etc., and collect evidence in a much effective manner. It is high time that the State Police wakes up and gives instructions to the subordinate officers of the State to pull up their socks and adopt scientific techniques to investigate such crimes.
8. I take judicial notice of the fact that road accidents in Kerala have been averaging at around 40,000 per year for over two decades and records reveal that 4199 lives were lost on the roads in the year 2018. The same is the case with the previous years as well. The total number of persons grievously injured in the year 2018 was 31,000 as per the available records. The consequences of road traffic accidents affect the individuals who are impacted and their families. The death of a person causes huge financial suffering to the family. For those who suffer debilitating injuries, the consequences are immeasurable. The consequences of these accidents are reflected in the social sphere and results in huge loss to the State. The costs associated with road traffic accidents are shouldered by the whole society.
9. I find from the experience gathered while sitting in criminal jurisdiction that in almost all cases, due to inefficiency of the officers investigating the crime, antiquated methods of investigation of motor accident cases, lack of use of technology to pin the accused with the crime B.A. No.7192/2019 5 and reluctance of witnesses, the offenders go scot-free.
10. Technology has advanced to such an extent that dashboard camera, or Event Data Recorder (EDR) as is commonly known, if installed in a car, is capable of continuously recording the view through a vehicle's front windscreen and sometimes rear or other windows. Some dash cams include a camera to record the interior of the car in 360 degrees inside camera, usually in a ball form and can automatically send pictures and video to a server. If cams are installed in public service vehicles, the footage can be used to ascertain the real cause of the accident and pin the liability on the actual culprit. I am given to understand that cams have been made mandatory in various European countries and in Russia and the said footage can be used even for settling insurance claims. The contentions raised with regard to the identity of the driver and the negligence of the pedestrians or other vehicles can easily be ascertained. Furthermore, drivers of motor vehicles will be more cautious and the exponential increase of road accidents can be brought down. Persons, who are wrongly accused of causing accidents, can rely on the footage to convince the law enforcement officers of their innocence. It is advantageous on all counts
11. On 11.10.2019, this Court had directed the learned Public Prosecutor to get specific instructions from the Transport Commissioner, State of Kerala and also the State Police Chief and to report before this Court whether the installation of dash cams in public service vehicles may B.A. No.7192/2019 6 aid in better road safety and avert accidents. Today, it submitted by the learned Senior Public Prosecutor that the State is seriously considering the issue and that he would get back with a detailed report. The learned Senior Public undertakes that a statement shall be filed before this Court within a period of three weeks by State Police Chief as well as the Transport Commissioner. For considering the statement, registry is directed to post this case on 4.11.2019.
12. Coming back to the instant case, I find that investigation is more or less complete and all that remains is the submission of the final report before the court below. The driving license issued to the applicant herein has been cancelled. There is no case for the prosecution that the applicant is involved in any other crimes of similar nature. In view of the facts and circumstances, his further detention in custody does not appear to be necessary.
In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. However, it shall be subject to the following conditions:
(a) The applicant shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 1 p.m., for a period of two months of till the final report is laid, whichever is earlier.B.A. No.7192/2019 7
(b) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(c) He shall not commit any offence while he is on bail.
(d) He shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE krj //TRUE COPY// P.A. TO JUDGE