FAHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 Cr.P.C.

(2.) The prosecution case, in brief, is that on 27.09.2020 at about 7.30 p.m, while the applicant was driving a motor car bearing Reg. No. KL 02A 3315 in a rash and negligent manner with the knowledge that driving a vehicle in such a manner would endanger human life, he hit three pedestrians and ultimately dashed against a wall. One of the pedestrians named Kabir sustained fatal injures and succumbed to it. The applicant was arrested on 27.09.2020 and has been in judicial custody since then.

(3.) The applicant states that he is innocent and the allegations are not true, and that he was not negligent as alleged and it was a sheer accident without any intention to cause death. It is stated that the father and his entire family were inside the car when the accident occurred and he would definitely not have endangered their lives by driving in a rash and negligent manner so as to cause death. The application filed by the applicant before the Sessions court, Kollam was dismissed and hence the applicant is before this Court seeking indulgence.